What Happens to Pets in Separation?
Other than deciding on parenting arrangements for children, what happens to the family pet if spouses separate can be one of the most emotional and difficult matters to sort out. Many people are surprised to learn that there are no specific rules about pets in the legislation that deals with separating spouses.
In particular, pets are not treated by the Courts in the same way as children.
Instead (and this is the part many people don’t like) pets are essentially treated the same way as property. So what happens to Mr Twinkles is going to be looked at from a very similar perspective as what happens to the house, the couch, and the precious family heirloom that both spouses would prefer to keep.
So while most people feel a much stronger emotional attachment to their pets than many other things, from a purely legal perspective the outcomes for your pet/s will be listed alongside other household objects. For most people, pets aren’t just another type of property.
But, to the Court in determining a family law dispute that is the category they will fall into.
We encourage all separating parties to try and resolve any differences about pets through negotiation or mediation. But if that fails, then the final decision will be made by the Court as part of any property orders made to finalise the separation.
If you need help resolving any issues you are facing in your separation don’t hesitate to reach out.
