Who will take care of pets after divorce?

Published on December 4, 2017 By , 0 Categorised in:

We all love our pets and during separation, the pets are also not spared. This is a redundant question and many families who file for separation have the pain of moving out of their marital home, divide their possessions but the last question comes to one’s mind is pets? They are adorable four legged creatures which seek a new home after divorce.

Mostly separated couples resolve this issue on the mutual consent and amicably. Soon, the parties will know during the proceedings that which party owns which pet. But it is not always a happy ending for the four legged creature as sometimes separating couples also includes pawns in the custody battle.

Sometimes the battle can become so bitter that one of the parties is not allowed to spend time with another party and worse situations can occur. One more imperative factor of the custody battle of the pets is accommodation. This states that where the pets will live after the divorce. It is a determining factor in the divorce. The situation can sometimes occur that one of the parties has hastily moved out of the martial house due to a feud and now living in a rented accommodation, that does allow pets. So, the pet moves to the other party who may or may not want to take the responsibility of the pet. In the above situation, accommodation becomes a determining factor for the pets.

Today, couples are increasingly getting separated and the arguments over the pets have been increased in the recent times. In Australia, pets are regarded as the personal property and according to the family court of Australia; it is regarded as the personal property.

It means that they have to be valued and the couples have considered financial agreements for their four legged creatures. Courts have its own limitation to deal with these issues and as mentioned above they are treated as personal property and not as children by the court of law. There are few things which have to be considered in order to protect ourselves.

  • Keeping details about the paperwork of the pets
  • They are considered as “property”’ under law
  • Agreement should prepare by both the parties

Now, the details of the agreement include pets as annexure and it addresses following things such as with whom the pet will live after the separation, during which time the other party will spend time with the pet and who will the expenses of insurance, pet food, and veterinary services. All these issues will be addressed and resolved in the agreement. All these points will draft into a formal deed but this is not binding with the financial agreement.

In the concluding part, there is no hard and fast rule about who handles the pet after the divorce proceedings. The best possible manner is to work out with your partner during divorce and hire competent divorce lawyers in Brisbane. These are one of the premiere and cost effective divorce lawyers in Brisbane.


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