What happens to the Pets when you Separate?

When parties separate it is not unusual for clients to ask “who gets the family dog/cat/rabbit/bird etcetera” 

Currently, the family pet is treated as property and not as a member of the family. In negotiating or when the Court makes a decision as to who gets the family pet, the considerations which are taken into account include:

1. Is the pet registered and who is it registered to?
2. Who paid for the pet?
3. Who looks after the pet?
4. Who pays for any health insurance for the pet?
5. Who commonly takes the pet to the vet appointments?

However, as a result of proposed legislative changes which may come into effect in May of 2025, it is likely that the Court will no longer consider pets as property but rather, the Court will consider other factors which recognise that pets should be treated not as objects but more as members of the family.

The likely factors which will be taken into account if the legislative changes are passed and become effective will include the following:

• Who is the primary carer of the pet?
• Who has provided for the physical maintenance of the pet?
• Who has paid most of the pets’ expenses?
• Who has the ability to care for the pet in the future?
• Are there safety issues regarding the care of the pet in instances where there has been family violence in the relationship and the impact that may have on the pet?
• The attachment of the pet to each party or members of the family such as children and psychological harm which may occur as a result of the pet being separated from each party or the children.

There is certainly a move in the direction of the pets not being seen as innate objects but rather, seeing the pet as a living thing.

Pearsons Lawyers

This is general advice only.  Pearsons Lawyers have a team of specialist family lawyers who can provide timely and accurate advice on all matters that need to be dealt with following a separation including parenting and property matters.  To arrange your free initial consultation, contact Pearsons Lawyers today on 1300 699 688 and “know where you stand”.