When a relationship breaks down, the question of “who gets what?” is on everyone’s minds, but how does the Family Court of Australia determine who gets the family pet?
As the High Court of Australia has made clear in Stanford v Stanford the best way to go about determining who gets what, is to calculate the net monetary value of all assets and liabilities of the parties and then divide it between the parties.
Who Keeps the Family Pet in A Divorce
But how does the Court “evenly divide” or determine the “net monetary value” of a beloved family pet when both parties want to keep it?
Unlike a car or a home, the Court cannot just sell the family pet and split the proceeds, so in this case the Court must then determine who rightfully “owns” the animal and therefore who gets to keep it in the end.
A recent matter in the Family Court Downey v Beale sheds some light on how the Court determines the “ownership” of a family dog. In this case, the Judge determined the ownership of the dog according to the “contributions to the asset”, that is, who put more time (love & care) and money into the family dog.
The Judge decided that the rightful “owner” of the dog was the Wife, since even though Husband may have initially paid for the dog, the Wife provided more financially and non-financially to the care and maintenance of the dog than the Husband did.
Therefore, it is the “contribution” to the well-being of your beloved animal, that is, the love and care you provide whether it be financially or by how much time you have spent that determines who gets to keep the family pet in the end.
So, if you are unfortunately caught in the conflict of determining who the family pet belongs to, gather as much evidence you can to prove you are the sole carer and owner of your animal. Whether it be vet bill receipts, selfies, a timeline of events or any communication or correspondence relating to your beloved animal.
The information provided is not legal advice. It is intended as legal information only. For tailored advice please contact us on 8999 1800