Pets are considered property and a shared asset in the eyes of the law, however, they are not mentioned in the Family Law Act 1975.
In most cases, the Courts will make an Order and award a pet to either party in the same Order that lists other personal property. Because the Family Law Act has yet to distinguish pets from property, they will make decisions regarding pets in the same way they might consider any other family asset.
The Court will consider a range of factors including:
- - Who purchased the pet?
- - Whose name is registered on the pet’s microchip?
- - Who cares for the pet?
- - Who pays for the pet’s insurance?
- - Whose name is it registered in?
Some couples choose to predetermine their financial position at separation, also known as a Binding Financial Agreement. This legally binding document outlines how assets, including pets, would be divided if the relationship ends.
Mediation is another valuable pathway and can be incredibly helpful by making couples work out ownership issues amongst themselves. If a couple cannot come to an agreement there are a few principles the Courts will apply. For example, it can be as simple as who wants the pet more.
It is important to note that there is not a formal or court-ordered custody arrangement for pets. Every case is unique and poses its own challenges, and outcomes can vary depending on your individual circumstances. If you are struggling to come to an agreement with your ex-partner, mediation is always recommended. At the end of the day, any decision you make regarding pet ownership should always prioritise your pet’s best interests in the long run.
If you or someone you know wish to discuss this issue further, then please do not hesitate to contact us on 02 8999 9809.