It’s not just us who argue about pet custody when a relationship fails, scandal rags love a story about celebrities fighting over their pets, remember Pistol and Boo? If you relate more to the movie ‘Who Gets the Dog’?’ than ‘Kramer vs Kramer’ a ‘pet nup’ might be for you.
Whether you bought your pet with your partner or owned it before the relationship began, it’s difficult to agree to whom the pet should belong if your de facto relationship or marriage ends. The Family Law Act 1975 (Cth) has not been updated to provide any protections for family pets. So, the way the Court approaches the custody of pets is by considering them to be your ‘property’. This means that your pet is treated the same way your car or jewellery would be in any court proceedings.
It’s difficult for us to think of our pets as our property but if we must, there are a variety of factors to weigh up. These include:
- Who purchased it?
- When was it purchased – before or during the relationship?
- Who cares for it?
- Who is the registered owner?
The Courts are generally reluctant to make orders about ownership of pets in the context of a separation and such proceedings can be time consuming and expensive. The best way to ensure your pet remains yours is by entering a ‘pet-nup’ with your partner prior to any separation. This will make sure you can avoid any arguments or confusion in the future. A pet-nup is a Binding Financial Agreement (BFA) and can be entered before, during or even after your relationship. Both you and your partner will need to obtain legal advice so that the pet-nup is legally binding. A BFA can also include an agreement about other joint property, click here for more information about BFAs.
What can you include in your pet-nup?
Your pet-nup can cover the ownership, custody and costs of a pet. You may include extensive clauses in your pet-nup ranging from who gets custody of the pet after separation to who will be responsible for paying the veterinary bills.
This means, if you owned the pet before the relationship began, you can enter into an agreement which will ensure you keep your pet if your relationship ends. Alternatively, if you and your partner acquired a pet together during the relationship, you can agree to terms ahead of time to avoid any future arguments or costly legal disputes. A pet-nup if properly prepared is an agreement that can be enforced by the Court if there are any breaches.
We love our pets, so why not take steps to protect your relationship with them?
If you need to discuss pet custody issues or any other issues arising from a family breakdown, please call us on 1300 654 590 or send us an email, an experienced and helpful lawyer will be able to help you to get your best outcome.
The information contained in this post is current at the date of editing – 19 May 2023.