Going through the divorce can sometimes be a real nightmare. There are so many things you need to take in consideration, so much you need to agree upon that it’s perfectly natural to feel stressed and anxious. But, in that stress and through that hardship, people sometimes forget about some of the steps they need to take to overcome this situation. One of those things is what happens to your pets once you split up.

We all love our furry (and scaly - we don’t judge) friends, but when it comes to law, there are some guidelines that point what should be done with the pet after the divorce. We did a bit of researching and we’ve come up with this short guide. It should help you understand what is on the table when it comes to pets after a divorce. So, without further ado, let’s dive straight to it.

How Does the Law See Pets?

Pets are amazing. They bring us so much love and joy and it’s perfectly normal to feel like they are a part of your family. You probably know quite a lot of people who address to their pet as “their furry baby”, but the amount of love someone has towards their pet is irrelevant when it comes to the Family Court.

Current Australian laws are simple - pets are to be considered as property, and in case of a divorce they are included in the entire property pool planned for division between the parties. So basically, in Court’s eyes, your pet is considered almost the same as any of the household items that need to be distributed evenly to both partners. Because of this, the Family Court has the power to decide who will get the ownership of the pet. In very rare cases, and only if both partners agree on it, Court can allow joint ownership over the pet, but it is mostly up to the ex-partners to decide how they want to proceed.

Who Gets the Pet?

If there is a dispute about who will get the pet after the divorce, the Family Court has to consider the merit of each side’s application. The process is very similar to the way the Court decides who gets a car, a house or a family business. There are basically 3 major factors which the Court takes into consideration when it comes to pets. Firstly, they look who’s name is the pet registered in, after that, the Court considers which party takes the most of responsibilities for pet care, and last but not least, which party has the most appropriate housing for the pet.

Although these 3 factors almost always help in this type of situations, when your dispute involves the care of the children, the Family Court will have to take their best interest into consideration when deciding on the ownership of the pet. Even though pets are legally considered property, most of them really love children and develop genuine emotions. That’s why in most cases the Family Court awards possession of the pet to the party with the majority of kids. The pets are very important to little children and their development, and that’s why the Family Court most often decides to assign pets to kids.

Finding the Best Interests

While we were preparing this article, we’ve talked to a number of experts and they’ve all stated that for some time now there are numerous pet associations trying to change the laws about pets. In 2010 Switzerland had a referendum on a proposal to appoint independent lawyers for pets because of the ownership disputes. The referendum didn’t pass, but it has become quite clear that more and more people are considering their pets in almost the same way as they do with their children. Caring for a pet in distracting and quite stressful situations can be a challenge, but you need to consider what’s in your (and pet’s) best interest. You should always try to find some way of mutual understanding to reduce the unnecessary stress and anxiety. Doolan Wagner divorce lawyers or other professionals in this field of law can help you, and your pet with that harsh transition.

Wrapping It Up

Divorce is never easy. It brings a lot of pressure to the table and it can really affect both how you feel and how you think. Finding a perfect place for your pet in all that mess can seem even harder, but it has to be done. Think about how you can approach this issue and try to have the best interest of your children and your pet in mind when you do. This way even without the ownership of your furry friend, you can still maCintain a good relationship with it.