Considering your pet during separation
Pets provide us with emotional support and bring joy to our daily lives. It can be particularly difficult to navigate who should take care of a pet when separating, particularly as we consider them key members of the family.
Understanding the key components to the support and legal recognition available to you when separating with a pet can make the process easier to navigate and minimise stress to the situation.
What is the legal (viewpoint/understanding) towards pets in separation?
Under the Family Law Act 1975 (Cth) there are NO specific provisions on how pet custody or ownership should be determined in the event of separation.
This leaves an integral part of the family in legal limbo and can cause the building blocks for an eventual disagreement to turn ugly very quickly.
Under Australian law, pets are considered a personal property asset. This means the law considers them in the same light as our smart phones. Pets are not generally considered to be significant assets unless they have noteworthy monetary value (i.e. pedigree or income generating pets.
What is the best way to navigate the future of your pet when separating?
The courts generally prefer for separating couples to come to their own arrangements concerning pet custody. This is when it is generally recommended and agreed that mediation and negotiation is the best path to follow. This process is both more time efficient and cost effective than court proceedings.
At Simple Separation we take pets into account and can help couples work out which is best for their circumstances.
If you are unable to come to an agreement you may wish to seek out a legally enforceable agreement, by way of a Binding Financial Agreement or making an Application for Consent Orders. Simple Separation can assist you in agreements concerning the following decisions through a mediation process instead of going through court proceedings;
Who will care for the pet on which days.
How handovers will be dealt with.
Who will meet ongoing and future expenses .
Who will be responsible for vet checks and who will make major health decisions.
What do courts consider in orders in relation to pets?
The court may consider a whole range of factors, these are important to be aware of if you decide to take this route. These include;
Who originally purchased the pet;
Whose name the pet is registered under;
Who has current possession of the pet including who the pet resided with before, during and following separation;
Whether one party has a more suitable residence for the pet;
Whether the pet is a service animal which one party relies on;
Who made financial contributions to the pet such as veterinary payments, pet insurance and grooming fees; and
Who made non-financial contributions towards the pet such as exercise, feeding and cleaning.
These factors have the potential to exacerbate underlying hostility and complicate the separation. It is for this reason that we encourage our clients and readers to consider the unique position that pets occupy in separation proceedings and plan accordingly.
Christina Salvo, is the founder and CEO of Simple Separation, an online Divorce Settlement service that is fair, simple and stress-free. For information and expert advice on this broad topic of pets, visit Simple Separation and book a free 30 min consultation. Please share this article on social media.