Pets are an integral part of a family, and increasingly have become a major issue subsequent to a family separation. Not only can a family separation cause emotional stress for either partner, it also affects your children along with the wellbeing of your pet.
Whilst there is no current legislation in Australia that explicitly refers to the living arrangements of pets following a separation, they are, however, considered as part of the general personal property pool and in the same manner as furniture, clothing and other assets.
If you have issues with the custody of your pet like in the scenario where your ex-partner has taken sole custody of your pet without notifying you, you will need to make an application to the court in order to recover your pet.
There are also other things you need to consider: -
- The best thing to do in the first instance is to sit down and attempt to negotiate the living arrangements of the family pets together. Consider who the pet has predominantly bonded with and its relationship to each party.
- We understand that a family pet also comes with many financial responsibilities, including vet bills, grooming expenses and day to day feeding expenses. For this reason, we would highly recommend for Consent Orders or a Binding Financial Agreement to be entered into between the parties to ensure you would have a legally enforceable agreement to rely upon should any issues in the future arise. This would include considerations in relation to: -
- Who the pet would reside with on a day to day basis;
- With whom the pet shall be registered; and
- Who would be responsible for each financial expense.
If you have exhausted all your efforts with your ex-partner and would like to seek further information or assistance in relation to the custody of your pet, please do not hesitate to contact our helpful team at Freedman & Gopalan Solicitors, and we will be happy to assist you in any manner!