Page 17 - Best Of Local Mag June24 Edition

Divorce - Who Keeps the Pets?

Most pet owners freely consider their furry, feathery or even for the pet; and
scaly friends to be ‘part of the family’ to a point even where many • If there are parenting arrangements for children, whether the
instinctively refer to their pets as children. But who gets ownership children have a special attachment to the pet.
of the family pet if its owners divorce or experience a relationship
breakdown? A Judge is therefore not strictly bound to consider the animal’s
wellbeing except where a pet might be subjected to violence or
Under the Family Law Act 1975 (Cth), the ongoing care of children some other cruelty.
to a relationship is carefully managed by an extensive array of
provisions designed to ensure that the best interests of those Alternatively, a couple could make a binding ‘pre-nup’ financial
FAMILY children are met. Australian law, however, considers pets to be agreement outside of Court that specifies which partner will obtain
just another form of property. Therefore the working out of where sole custody of the pet in the event of a relationship breakdown.
LAW little ‘Fluffy’ is going to live is done in the same way decisions are Since pets are legally property, there should be no reason why
made about the family car and the living room couch. a Family Court Judge would not enforce the Agreement if the
couple were to separate at some point in the future.
A Family Court Judge has the authority to make orders to protect
property from waste, destruction or damage. On those few Regarding informal shared custody arrangements, it is unlikely
occasions where pet custody cases have ended up in court, the that a Family Court Judge would make or enforce an order for
decisions in each instance considered: shared custody due to the need for ongoing legal intervention.
Nevertheless, it could be justified where a child to the relationship
• Who is the registered owner; has a service or emotional support animal that needs to travel
WILLS • Who paid for the initial and ongoing expenses; with the child between households. However, this is yet to be
RETIREMENT AND • Who was the main caregiver during and after the relationship; tested in court.

VILLAGES ESTATES • Whether the parties will have appropriate accommodation
Joshua Noble is a Senior Associate at Zande Law Solicitors, Suite 9, Norwinn Centre, 15 Discovery Drive, North
Lakes practising from our Cleveland office at Suite 3, Jade Chambers, 15 Middle Street, Cleveland. To contact
Josh for advice, please phone (07) 3385 0999 to schedule an appointment.

The information in this article is merely a guide and not a full explanation of the law. This firm cannot take
responsibility for any action readers take based on this information. When making decisions that could affect
your legal rights, please contact us for professional advice.

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June 2024 www.bestoflocal.com.au 17