That’s because here, of course, is the statue of Greyfriars Bobby: the attraction that commemorates the diminutive Skye Terrier who — as the account goes — faithfully guarded his owner’s grave for 14 years.
There may be variations on the tale but, regardless, those of us who own a dog, and that’s around a quarter of Scottish households, know just how loyal they can be and how they — indeed any pet — become such an important part of our lives.
And that’s precisely why what happens to them when a couple, married or cohabiting, separates can become a bone of contention.
Pets as possessions
While over a quarter of owners admit they like to pamper their pets and 25% buy them a birthday present — and I’m one of those — in the eyes of the law at least, pets are the owners’ property.
Interestingly legal systems elsewhere would disagree.
There are laws in Spain, France and Portugal which mean courts need to consider a pet’s welfare when couples break up. Similarly in the United States, there are some states that put pets on the same footing as children.
Difficulties
Common issues we see with pets during a separation are —
Pets can be expensive, with large breed dogs costing £80 a month and a potential lifetime cost of almost £31,000. As such, they might be put to rehoming shelters where no agreement can be reached or where the parties cannot afford to keep them
They can also be used as a weapon to try and secure residence of the children — naturally the kids want to be where the pet is
Sadly, there is also a chance, in domestic abuse relationships, that the animal may be subjected to physical harm
Separation agreement provision
However, couples can make provision for them in a legally binding separation agreement.
Things to consider include —
What’s best for the pet? Where will it stay?
How are the pet costs, such as insurance, vet bills and food going to be met post-separation?
Will there be contact with the other person? We’ve seen examples where when the children go to the non-resident parent for contact, the pet goes too!
What happens in an emergency?
Unlike with children, there are no standard procedures in the courts for pets, so our advice is to try and reach an agreement with the other party which can then be detailed in a separation agreement.
The courts have had to step in when matters couldn’t be agreed, which ultimately means a longer and more costly process. Far better then, where possible, to make sure a constructive discussion about an animal’s future is the first choice at the start of the separation process.
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