In legal terms, a family pet is considered a personal possession. This idea can be challenging to accept for animal lovers, as pets often feel like family members or even children when we adopt or purchase them. In this blog we will explore how pets and divorce intertwine.
Ownership
In many cases, a couple shares the responsibilities of pet ownership, such as feeding and walking the pet. This can make it challenging to determine who the pet “belongs” to. The main legal consideration for courts is proof of ownership. If both parties have ownership documentation, case law indicates that the pet will typically go to the person who has primarily cared for it, based on available evidence. If it is clear that the pet was given as a gift to one party, then the recipient of that gift will retain ownership.
Shared Custody
In most cases, it is advisable for divorcing parties to completely sever ties with each other, particularly concerning finances. While agreeing to share custody of a pet and its maintenance costs might seem feasible in some situations, it does not facilitate a clean break. Continuing to share financial responsibilities can keep you tied together, so this is generally not considered a wise solution.
Financial Considerations
Like children, family pets can be expensive to maintain. Costs include daily necessities such as food and more significant expenses like insurance and veterinary bills. Although the court does not consider financial considerations when deciding which party should keep a pet, financial stability and the home’s suitability should be key factors for the individuals involved.
If a couple struggles to agree on pet custody, they should consider the financial implications of pursuing legal action. It’s essential to determine whether the costs are proportionate and reasonable. Reaching an amicable agreement outside of court can help avoid unnecessary financial strain.
Pets and Divorce: in the courts
In a dispute regarding the family pet and divorce, the court will evaluate the proportionality of the costs. The court has limited resources and will prioritize more significant aspects of the divorce process. Typically, family pets are not addressed in divorce proceedings unless their value is considerable or the matter is particularly contentious. Both parties should agree on the pet’s custody before seeking a court’s decision.
A straightforward approach might involve allowing the pet to remain with the spouse who purchased it, who owned it before the relationship, or who is registered as the owner. If the parties cannot reach an agreement, they will be encouraged to try mediation, which can be a cost-effective way to resolve the issue.
Our family law specialists understand that Divorce can be a difficult and often painful experience. We are here to provide you with excellent legal and strategic advice throughout the process.
For further advice about pets and divorce, please get in touch.