family court and your pet custody dispute: who gets the pet in a divorce?

Who Gets the Pet in a Divorce?

Family Court and Your Pet Custody Dispute

Overview

Introduction


Negotiating an Agreement Outside of Court

Get the Help From Us

Introduction

As pets have increasingly been recognized as parts of the family, issues have begun arising when couples decide to separate or divorce.

Both of the partners or spouses may want to retain custody of the pet, leading to a fight over where the animal should live when the couple is no longer together. Pets are also sometimes used as leverage by one spouse to try to secure more financial assets in the divorce, or may become tools used by abusers to gain or keep control over their victims in situations of domestic violence.


In family court, pets are generally treated as property.

Unlike when the issue of child custody arises in a divorce, the court is not going to try to make a comprehensive determination about what is in the best interests of the pet or who can provide the best home for the pet. If the pet was owned by either spouse before divorce, if registration papers show the pet belongs to one of the two spouses, or if one spouse was the purchaser of the pet, that person would usually be given the animal during the divorce process.

= ‘PROPERTY’


Children may also be considered when it comes to deciding where a pet lives.

If the pet is an important part of the child’s family life, then the court may rule that the pet should go with the child. In some past cases, courts have even ruled that pets should move back and forth with the child as the child goes from one household to the other in a shared custody arrangement.

Children may also be considered when it comes to deciding where a pet lives.


became ill. If that employer no longer exists, you may lodge the form with Comcare, itself.

The court may consider the value of the pet when dividing up marital assets

Because a pet is treated as personal property, the court may consider the value of the pet when dividing up marital assets.

Courts have discretion under The Family Law Act and aim to divide up property fairly, even if this does not mean dividing up the property 50-50.

The spouse who receives the pet will have the value of the animal counted as one of the assets that he or she is awarded in the divorce.


Because courts do not generally preside over traditional “custody” disputes and make decisions on where a pet would be happiest, couples sometimes opt to try to create agreements outside of court that can ensure a beloved pet is cared for. If you and your spouse are able to come to an amicable agreement, you can create a formal contract that will be legally enforceable in order to protect your rights in the future.

You can establish a contract dividing up financial responsibility and dividing up visiting time with your pet. The ability to create a contract and share access to your animal is going to depend upon you and your spouse reaching a consensus on what is best.

However, it can be a better solution to try to work to negotiate on this issue outside of court, rather than to go through the expensive process of asking a court to decide on a matter that the court is ill-equipped to handle.

In some divorces, one of the spouses will use the pet as leverage in order to negotiate a favorable settlement. The spouse, for example, may offer to give his or her husband or wife the pet in exchange for getting to keep a larger portion of marital assets or in exchange for getting to keep other desirable marital assets.

It is up to each person how much they value their pet and what they are willing to give up to keep the animal. However, you should know your rights under the Family Law Act and make an informed decision about whether you actually want to agree to whatever your spouse or partner is proposing.


GET THE HELP FROM US

OHL Lawyers can provide guidance in understanding how property is divided in a divorce, and can offer advice on who is likely to be awarded the animal if you go to court to resolve this matter. Your attorney can also assist with the process of negotiating with your spouse and drafting a formal contract addressing where a pet lives, how “pet custody” is shared, and who is responsible for the financial issues inherent in caring for a pet after divorce. Contact us today at 02 8315 4036 to schedule a consultation with a divorce and family law attorney with experience in divorces involving pets.

1800 770 780

[email protected]