Who Gets the Dog?
When couples separate, a lot of time and energy is spent considering what impact the separation will have on finances, children, property and social circles. However, it is common for pets to be one of the last things considered.
How does the law treat pets?
The short answer is that the law treats pets as chattels, that is: tangible, movable, personal property.
Pets are treated the same as a couch or a car (something that is not shared after property settlement has been finalised), and this means that the pet will stay with one of the parties. The Family Law Courts will not rule on shared ‘custody’ of a pet and will not make such an Order.
This is a difficult concept for people to understand, as most people tend to have a much stronger emotional attachment to their pets, than they do to their couch.
A decision regarding the pet is usually reached by parties outside of Court, but if parties cannot decide, then an application can be made to Court, and the Court will decide where the pet will go in the same way as other property. Some of the factors that the Court will consider when making their decision include:
Who purchased the pet?
Who did it reside with prior to the relationship?
Who generally cares for it?
Who feeds it?
Who pays for any insurance or veterinary bills?
Name on the pet registration certificate.
Whether one of the parties has or does not have space for a pet.
It is normal for the Court to make Orders that pets should stay in the household where any children of the household will spend most of the time. It is accepted that pets and children can have strong bonds and that children are comforted by the presence of pets (Jarvis v Weston [2007] FamCA 1339). In the matter of Jarvis, the dog went with the child, and therefore stayed with the mother, even though the father was the legal owner of the animal.
As an example, the Court has ordered that a parrot travel with a boy who suffers from down syndrome. It was held that the parrot’s presence benefitted the boy. It was also a gift to him (Boreland v Boreland [2002] FamCA 1433).
Puppy pre-nup!?
Another avenue to prevent disputes about pets is for parties to sign a Financial Agreement, prior to the relationship.
Such an agreement will determine the ownership of the pet in case there is ever a separation or dispute. Each party will be required to seek independent legal advice prior to signing any agreement however, such an agreement can save parties money in the long run.
Pets as a financial resource
Early on in this article it was mentioned that pets are treated like property, but are not assigned a value. However, what if a pet is also a financial resource?
Pets that may be considered a financial resource can range from the exotic to the everyday, for example:
Arabian horses that are used for breeding can be valued at over $100,000.00;
Thoroughbred racehorses can have values into the millions of dollars;
A breeding dog, cat or budgie can generate its owner hundreds or even thousands of dollars per year.
This a short but not exhaustive list of how animals can be treated both as a financial resource and as property. If a pet has a specific pedigree or can be used in competition, it can be assigned a specific value when it comes to who retains the pet at property settlement. Any value assigned to a pet will be added to the property pool and will be counted as an asset for the retaining party.
So don’t discount the need to consider what should happen to the family pet(s) post separation. They are an important part of the family unit.
Want to know more?
If you would like assistance with your property settlement,
please phone us on 07 5458 9000 for a free chat with one of our solicitors.
Read the full article here.
