Pets & Property Settlements
What happens to Our Pets When We Separate?
One aspect of your separation which you may not have considered is “What happens to our pets when we separate?” With many Australian families treating their pets like their own children, the law has finally evolved to recognise their importance.
Pets & Separation Under the Family Law Act
Under the recent amendments to the Family Law Act, pets are now considered as “companion animals” in property settlement proceedings. These amendments have given the Court the power to make an Order in relation to the ownership of pets including:
declaring a person be the sole owner of the pet
transferring ownership to another person
Ordering the sale of the pet in rare circumstances
These changes reflect a significant shift in how pets are viewed in separation matters across Australia.
No Shared Care Arrangements for Pets
It is important to note that the Court does not have the power to make an Order for shared care arrangements for your pets. So, while we all may think of our pets as our little fur babies, the Court will not make an Order about the time a pet spends with you and your ex-partner.
How Pets Were Previously Treated in Family Law
Prior to these amendments, the Court’s view on pets was that they were merely a chattel of the home much like your couches, tables and chairs. Generally, who kept the pet was decided by:
who purchased the pet
whose name was registered with the pet
Many people found this approach cold and disconnected from the emotional realities of pet ownership, but it reflected the law at the time.
What is a “Companion Animal Under the Family Law Act?
The Family Law Act now defines a pet as a “companion animal” which is “an animal kept by the parties to a marriage or either of them, or the parties to a de facto relationship or either of them, primarily for the purpose of companionship”. Importantly, a companion animal does not include any assistance animals or an animals kept for business, agriculture or laboratory tests/experiments.
How the Court Decides Who Keeps the Pet
Before making an Order about the ownership of a pet, the Court will consider the following factors:
Who purchased the pet and the purpose of the purchase (such as a gift for a child)
Who is currently in possession of and caring for the pet
Who has historically cared for the pet including paying the pet’s expenses
Any emotional attachment between the pet and a party and/or child
Any history of family violence towards a party or cruelty towards the pet
A party’s ability to care for the pet after separation
Any other factors the Court deems relevant
Why These Changes Matter for Separating Families
While historically the Court’s view on pets and property settlement has been to the effect that there are more important issues to be dealt with, such as the care arrangements for children, these changes demonstrate the Court’s recognition of the important role a pet can play in the lives of families.
Need Advice About Pets and Separation?
If you’re separating and unsure how the law might apply to your pets, speaking with one of our lawyers can help you to understand your options and protect the wellbeing of the animals you love. Contact us today.
