Breakups can be tough, and when pets are involved, things can get even more complicated. For many couples in Perth, pets are more than just animals—they’re family members. So, who keeps the pets if we break up?
The Sydney Herald has a great article about divorce and about who gets he pets after one.
Understanding Pet Custody Law
In Australia, pets are considered property under the law. They’re classified as personal possessions, like furniture or vehicles, which means that pet custody disputes are often handled like other property disagreements.
While pets are legally considered property, courts are increasingly considering other factors in deciding who gets to keep them:
- Primary Caregiver: Courts often favour the person who primarily cared for the pet, including feeding, walking, and veterinary visits.
- Living Situation: Which partner can provide the best living environment for the pet?
- Financial Capacity: The ability to afford ongoing pet care expenses.
- Welfare of the Pet: If children are attached to the pet, courts may decide to keep the pet with the children.
How to Protect Your Pet Custody Rights
If you and your partner are considering separation or divorce, it’s wise to take some steps to protect your pet’s future. Ensure your name is on adoption papers, vet records, and microchip information to establish ownership. Creating a written agreement outlining who will keep the pet and how visitation or shared custody will work can prevent disputes. Consulting a family law solicitor will also help you understand your rights and navigate the complexities of pet custody.
Real-Life Solutions: Mediation and Compromise
Many couples find that mediation or compromise is a better approach than a court battle. Joint custody or visitation rights allow both partners to remain involved in the pet’s life, while financial arrangements can ensure vet bills and other pet-related expenses are fairly shared.
Key Takeaways on who keeps the pets if we break up
Navigating pet custody after a breakup can be emotional and legally challenging. By understanding your rights and being proactive, you can find a solution that works best for your beloved pets. Remember, keeping their welfare at the forefront should always be the top priority.If you need assistance or advice, contact Family Law Resolutions to help guide you through the process.
