Who gets the dog?
So, you’ve made the decision to separate and now you’re wondering how to divide your shared assets… Where do your pets fit into this new chapter?
While many of us think of our pets as ‘fur babies,’ in Australia, pets are legally considered property and are not treated the same way as children during a separation. When it comes to dividing assets, pets are included in the property settlement, and the key question often becomes, ‘Who owns the pets?’
The Family Law Act will consider pets in the same way they might consider the family car:
Who purchased the pet?
Who cares for it?
Who feeds it?
Who pays for the insurance?
Whose name is it registered in?
All of these factors help determine the overall ‘ownership’ of the item of property in question, and will ultimately help you decide if keeping the pet independently is something you can commit to either jointly, solo, or not at all.
Include your pets in your BFA
Some couples may choose to pre-determine their financial position at separation in what is known as a Binding Financial Agreement (‘BFA’). This gives you a clear understanding about how your assets will be dispersed. There is nothing stopping you from including your pets in these prenuptial, postnuptial or de facto financial agreements.
You can outline how you might share the ‘asset’ in the event of a separation, if you choose to, along with ways you might meet particular costs such as grooming, training, vet bills, insurance, etc.
What happens if we can’t seem to agree on anything?
It might be surprising to know that currently, the Courts aren’t guided by legislation when addressing the living arrangements for your pets in terms of ‘their best interests’, despite there being some calls to introduce it. So, in the absence of a formal agreement, you’ll need to consider what makes sense for you and your pets.
Some things to think about:
Do you both want to remain involved?
If you have human children, what might be in their best interests in terms of arrangements for your pets?
Will you have new living arrangements, and are they suitable for your pet?
How will you make important decisions about your pet if it were to become ill or injured?
What financial commitments are involved?
There is no ‘one size fits all’ approach to pet custody arrangements, as with so many things, everyone’s situation is different and only you know what is best for you and your pets. If neither you, or your former partner, can keep your pet, or no agreement can be reached, you might need to consider other options, including rehoming your pets.
