Deciding how to divide shared assets when a relationship comes to an end can be tough, especially when it comes to our beloved family pets. This might be surprising but in Australia, pets are considered property under the Family Law Act 1975. This makes the question of who keeps the family pet a particularly sensitive issue.
When it comes to pets, the law treats them much like any other piece of property. Key considerations include:
Registration and Documentation: Whose name is on the pet’s registration or microchip? This will often play a big role in determining legal ownership.
Who purchased the Pet: Was the pet a gift, purchased, or adopted jointly? The history of how the pet came into the relationship can influence who might keep them when engaging in negotiations.
Daily Care: Who has been primarily responsible for the pet’s daily needs, such as feeding, grooming, and exercising? The primary caregiver may have a stronger claim to keep the pet.
Financial Responsibility: Consider who has been paying for the pet’s expenses, including veterinary care, insurance, and other costs if not from joint accounts.
Other Factors: Key considerations include which living arrangement post separation will best meet the pet’s needs. The pet’s well-being should be a priority as well as how the new pet arrangement will impact the children if there are children of the relationship.
While pets are legally viewed as property, we understand that their emotional value makes them precious and worth fighting for. Here are a few practical steps you can take:
Discuss Early: Start conversations about pet custody early in the separation process. Reaching an agreement amicably can reduce stress and conflict.
Document Arrangements: If you come to an agreement about who keeps the pet, it’s wise to document this arrangement formally. This could be through a simple written agreement, sometimes called “pet prenups”. Although they are not common, they can be a way to outline how responsibilities and costs will be managed if you choose to share custody of your pet. The traditional way however is to include Orders regarding pet ownership in your overall property settlement, which may be finalised by entering into a Binding Financial Agreement (BFA) or making an Application for Final Property Orders by Consent in the Federal Circuit & Family Court.
If you're facing the challenge of negotiating pet custody and need guidance on how to handle this delicate issue, the experienced team at First Choice Family Lawyers are ready to help you. We offer tailored legal advice to navigate the complexities of pet custody and property division.
Contact First Choice Family Lawyers today on 02 9579 5555 or email us at info@firstchoicelaw.com.au to discuss your situation and explore your options.
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