In some separations, a beloved family pet may be ascribed more value by the parties than many of the other material assets. Despite this, the Family Law Act doesn’t specifically deal with pets. Instead, they are generally considered under the general category of property and so will be allocated under a property settlement in any way the Court sees fit in the event if there is no agreement between the parties.
Unless a pet has a high-value (such as a racehorse) or is income-generating (such as cattle), the Court is generally reluctant to deal with its allocation and instead prefers that parties reach an agreement regarding the living situation of the animal, rather than leaving it to the determination of the Court. That said, if the parties cannot come to an agreement, there are 2 main factors that the Court considers relevant in determining who gets the pet.
Accommodation
Parties need to have the ability accommodate the pet. For example, if one party is living in rental accommodation (which does not permit pets) then the decision of the Court is made fairly easy. If you are trying to maintain care of your pet, you need to ensure there are living arrangements in place that suit your pet’s needs.
Caregiver
The Court will also consider who the main caregiver of the pet was during the relationship. Who walked the dog, fed it, took it to any necessary vet appointments, cleaned up after it? These considerations will be crucial in determining who keeps the family pet.
Finally…
It is important to try your best to settle the care of your pet outside of the Court room if possible. Should you need any assistance with a property settlement or separation, or if you have any questions regarding the above, please contact us on (02) 9688 6023.
This is not legal advice.