Dutch law does not recognise custody of a pet. Article 3:2a of the Dutch Civil Code (BW) states that animals are not things, but it goes on to provide that the rules on things apply to them, subject to statutory limitations and to public order and good morals. As a result, a dog is allocated on divorce according to property law, not family law.
That makes the first question a factual one: who owns the dog? If it belongs to the joint estate of the spouses, it is divided like any other asset: one spouse is allocated the animal and, in principle, compensates the other for half its value. If it was bought before a marriage entered into on or after 1 January 2018, was bought with private funds under a prenuptial agreement, or was a gift or inheritance that falls outside the community, it belongs to that spouse and stays with them. Registration and the purchase invoice therefore carry real weight.
Where both spouses have an equal claim, the court decides the allocation on the circumstances. In practice, it looks at who has actually cared for the animal, where the children live, where the dog is used to living, and which household can best accommodate it. There is no statutory right of contact with a pet, so shared care exists only if you record it in the divorce settlement (echtscheidingsconvenant).
In short: who keeps the dog?
The owner keeps the dog; if you own it together, you agree or the court decides as part of the division. The table sets out the main situations.
| Situation | Who owns the dog? | What happens on separation |
|---|---|---|
| Married in (limited) community of property, dog acquired during the marriage | Both spouses, as part of the community | Divided with the other assets; one spouse keeps the dog and compensates the other |
| Dog acquired before the marriage (marriage from 1 January 2018) | The spouse who acquired it | Stays with that spouse |
| Prenuptial agreement excluding community | The spouse who paid for or acquired it, unless bought jointly | Stays with the owner; jointly owned dog is divided |
| Unmarried partners | The partner who bought it, or both if bought together | Stays with the owner; jointly owned dog is divided |
How does Dutch law treat a pet in a divorce?
As property, but property with special status. The rules on property apply, but the law also recognises that an animal is a living being with its own welfare.
What does Article 3:2a BW mean?
Article 3:2a BW was added to the Civil Code to make clear that animals are not things. At the same time, it applies the rules on things to animals, with the limits set by law, for example by the Animals Act (Wet dieren). That act recognises the intrinsic value of animals and sets rules for their care and welfare.
In a divorce, this means that the dog falls under the division of property. The court does not make a custody or contact arrangement as it would for a child. The dog has no legal right to be heard, and there is no rule that the dog’s interests come first. In practice, courts do take the animal’s circumstances into account when choosing which spouse is allocated the dog.
Who owns the dog?
That depends on your marital property regime and on how and when the dog was acquired.
- Marriages or registered partnerships entered into on or after 1 January 2018 are, unless agreed otherwise, in a limited community of property. Property acquired during the marriage falls into the community; property from before the marriage, gifts and inheritances stay private.
- Marriages entered into before 2018 are usually in a general community of property, which includes property from before the marriage. Gifts and inheritances fall into the community unless the donor or testator excluded them with an exclusion clause.
- With a prenuptial agreement (huwelijkse voorwaarden), the agreement decides.
- Unmarried partners have no community. The dog belongs to whoever bought it, or to both if they bought it together.
What evidence counts?
The purchase invoice or adoption contract, the bank statement showing who paid, and the registration of the dog. Every dog in the Netherlands must be chipped and registered. The registration shows who is registered as the keeper, which is strong evidence but not conclusive proof of ownership. If the dog was registered in one name but paid for jointly, the court looks at all circumstances.
What does a court weigh when both partners own the dog?
The court divides the joint property in a way it considers reasonable, taking into account the interests of both parties and the circumstances of the case (Article 3:185 BW). For a dog, that means practical factors: who cared for it, where it lives and what suits the situation after the divorce.
Factors that play a role
- Care in practice: who walked, fed and trained the dog, and who took it to the vet.
- Living situation: who stays in the family home, and which home and daily schedule suit the dog.
- Children: if the children live mainly with one parent, keeping the dog with them can give stability.
- Origin: through whom the dog came into the relationship.
- Balance in the division: for example, one spouse keeps the dog and the other the cat, or the value is offset against other assets.
The table below summarises these factors and the evidence you can use.
| Factor | Useful evidence |
|---|---|
| Daily care | Vet records, bills, walking or training schedules, statements from neighbours or a dog walker |
| Living situation | Who keeps the home, the size of the home and garden, working hours |
| Children | The parenting plan and where the children mainly live |
| Ownership and origin | Purchase invoice, bank statements, registration of the dog |
| Balance in the division | Overview of the other assets and their value |
An example from case law
In a divorce case decided by the District Court of Amsterdam on 30 December 2020 (ECLI:NL:RBAMS:2020:7427), both a cat and a dog were part of the community of property. The court allocated the cat to the husband, who stayed in the rented home to which the cat was attached, and the dog to the wife, through whom the dog had come into the relationship. The husband’s concerns about the dog’s welfare did not change that outcome. The court did not impose a contact arrangement, but noted that the parties remained free to make their own agreements on the care of the animals.
Do emotional ties count?
Rarely on their own, because both partners usually love the dog. In the Amsterdam case above, the court did not decide on attachment but on the 50/50 starting point of the division and the origin of the dog, so vet records and bills carry more weight than statements about your bond.
Is a court or mediation the better route?
For most couples, an agreement reached through negotiation or mediation works better than a court decision. Only an agreement can include shared care or contact with the dog; a court can only allocate the dog to one of you, with compensation for half its value.
In a mediation, a family mediator helps you reach agreements on all aspects of the divorce, including the dog. The agreements are recorded in the divorce settlement (echtscheidingsconvenant), which the court can include in the divorce decree.
How do you arrange shared care so that it holds?
By recording clear, concrete agreements in the divorce settlement or a separate written agreement. A court cannot impose shared care of a dog, but it can enforce a written agreement like any other contract.
What should a shared care agreement cover?
- Who is the owner, and who is registered as the keeper of the dog.
- The schedule: for example, alternate weeks, or weekdays with one partner and weekends with the other.
- Holidays and special days.
- Costs: food, insurance, vet bills and unexpected medical costs, and in what proportion each partner pays.
- Medical decisions: who decides on treatment, and what happens in an emergency.
- Handover: where and when the dog is handed over, and who takes care of transport.
- Moving: what happens if one partner moves far away or abroad.
- Ending the arrangement: what happens if the arrangement no longer works, for example a right for one partner to take over the dog.
- Disputes: first a conversation, then a mediator, and only then the court.
You can also agree on a penalty for failing to hand over the dog as agreed. That makes the agreement easier to enforce.
Practical points
Shared care works only if you live close to each other and can communicate reasonably well. If not, a clear allocation to one partner with agreed visits is often better; a court can enforce either arrangement as a contract under Article 3:296 BW.
What can you do if your ex keeps the dog?
That depends on who owns the dog. If you are the sole owner, you can claim the dog back. If you own it together, you can ask the court to divide it or, pending the division, to make a temporary arrangement.
- Sole owner: as owner, you can claim the dog from anyone who holds it without a right to do so (Article 5:2 BW). In urgent cases, you can ask for the dog to be handed over in summary proceedings (kort geding), usually with a penalty payment.
- Joint owners: until the division, you can ask the subdistrict court to make an arrangement for the use of jointly owned property (Article 3:168(2) BW). In the division itself, the court decides who is allocated the dog (Article 3:185 BW).
- Agreement not honoured: if your ex does not comply with a written agreement on shared care, you can claim compliance in court.
Collect evidence of ownership and care before you start proceedings, and first try to reach agreement through a letter from your lawyer or a mediator. Proceedings about a dog can quickly cost more than the dog’s financial value; that is a reason to weigh the options carefully.
What about the value of the dog?
If one partner is allocated a jointly owned dog, they must in principle compensate the other for half the value. The value of a dog is often modest, especially for an older animal, but for pedigree or breeding dogs it can be considerable. Parties often agree that no compensation is paid, or they offset it against other assets.
How do the children fit in?
If you have children, the dog is often important to them. Keeping the dog with the children can give stability during a difficult period. You can agree in the parenting plan (ouderschapsplan) that the dog moves with the children, or that the children can see the dog at the other parent’s home.
Under Article 815 of the Code of Civil Procedure (Rv), divorcing parents must submit a parenting plan with the divorce request; practical agreements about the dog can be added to it.
Can you prevent a dispute about the dog?
Yes, by recording in advance who owns the dog. That can be done in a prenuptial agreement, a cohabitation agreement or a simple written statement when you acquire the dog.
Keep the invoice and note who paid. A signed statement on who keeps the dog after a separation binds both of you as a contract.
What should you check if you want to keep the dog?
- Collect the purchase invoice or adoption contract and the bank statement showing who paid.
- Check in whose name the dog is registered in the national dog database.
- Gather vet records, bills and statements showing who provided daily care.
- Check your marital property regime: limited community (from 1 January 2018), general community or a prenuptial agreement.
- Propose compensation for half the value, or an offset against other assets.
What should you check if your ex wants to keep the dog?
- Check whether the dog is jointly owned, so that you are entitled to half its value under Article 3:185 BW.
- Decide whether you want visits or shared care, and put the schedule and costs in writing.
- Agree who decides on veterinary treatment and who pays the bills.
- Include a penalty for failing to hand over the dog as agreed.
What can we do for you with a dispute about the dog?
Our divorce lawyers deal with the dog as part of the division of property and the divorce settlement.
- We determine who owns the dog under your marital property regime and the evidence.
- We draft the shared-care clause for the divorce settlement, including costs and a penalty clause.
- We negotiate the allocation and the compensation with your ex-partner or their lawyer.
- We start summary proceedings (kort geding) to have a dog that belongs to you handed over.
- We ask the subdistrict court for a temporary arrangement under Article 3:168 BW pending the division.
Summary
- Under Article 3:2a BW, a dog is not a thing, but in a divorce it is divided under property law; there is no custody of pets.
- Ownership comes first: it depends on your marital property regime and on how and when the dog was acquired.
- If you own the dog together, the court decides as part of the division, looking at care, the living situation, the children and the origin of the dog.
- Shared care and contact are only possible by agreement; record them in writing in the divorce settlement.
- If your ex keeps a dog that belongs to you, you can claim it back, in urgent cases in summary proceedings.
Frequently asked questions
What do courts consider when deciding who keeps the dog after a divorce?
If the dog is jointly owned, the court divides it under Article 3:185 BW and looks at who cared for the dog, who stays in the home, where the children live and how the dog came into the relationship.
How is a pet classified under Dutch law?
Under Article 3:2a BW, animals are not things, but the rules on things apply to them within the limits set by law. In a divorce, a pet is divided under property law, not family law.
Can we arrange shared care for our dog after the divorce?
Yes, but only by agreement, because there is no statutory right of contact with a pet. Record the schedule, costs and medical decisions in the divorce settlement.
What role does mediation play in a dispute about a pet?
A family mediator helps you agree on shared care or visits, which a court cannot impose. The agreements are recorded in the divorce settlement.
