Sadly, when a marriage or relationship breakdown, it is not just the people in the relationship whose needs have to be considered. One of the most difficult issues to navigate can be the care of pets.
Under Australian law, pets are treated as property. This means that the normal rules apply for the time in which a party can apply for a division. Please see our blog about this here:
When can I apply for a property division under the Family Law Act?
If the question of pet ownership arises in a dispute over a family law property division, these are some of the factors likely to be considered by the Court in determining who should retain the animal:
- who bought the pet;
- if the pet was registered, who is the registered owner;
- who primarily cared for the pet;
- who paid the costs of upkeep for the pet;
- the relationship that each person has with the pet and possibly the relationship that any children of the relationship has with the pet;
- whether either person had the pet prior to the relationship commencing; and
- the ability of each person to care for the pet in the future.
If you are concerned about the care of a pet post-separation, please get in touch to discuss how we might be able to assist you.
MORGAN COUZENS LEGAL
