The tearjerker Marley and Me is a film all about the emotions involved in being a pet owner.
And it is this emotional bond that proves very difficult when pet ownership has to be determined in the event a couple splits.
Mathew Nott, principal of Parramatta based Nott and Co Lawyers, has appeared in the seminal dog case in Australia in which the ownership of Harold the dog was contested.
“Couples start to build a life together and buy a dog and the dog becomes like a family member to them,” Mr Nott said.
“If things go sour, there is always a debate about who keeps the dog and this issue often ends up being litigated in court as part of a broader legal settlement.
“These court cases can rack up tens of thousands of dollars in legal fees.
“There are some amendments to the law coming which will see pets treated differently if there is a break-up and this is a good thing”
The legal battle often becomes bitter as pet owners do not understand the legal fact that dogs, according to Australian law, are currently treated as property, just like a can of baked beans.
New laws coming
The Family Law Act does not provide clear guidance on determining ownerhsip of the pet in the event of a separation.
In 2024, a new bill was introduced into the NSW Parliament and it may provide assistance through its proposed amendments.
The Family Law Amendment Bill 2024 defines pets as companions animals, not property, and will empower courts to give ownership of the pet to one party after considering factors such as:
1. Any history of family violence.
2. Who has cared for the animal.
3. Any history of cruelty to the pet.
4. The relationship of any children with the pet.
Courts will not assign joint custody of a pet, to prevent ongoing and further disputes.
If the pet came into a relationship owned by one of the parties, this will be persuasive. The bill is not yet law.
How to get in front of the issue
Pet custody can be set out in consent orders, prenuptial, postnuptial, or de facto financial agreements with your partner.
Arrangements for the custody of pets can also be made verbally but it is better to have a written agreement of some form which can be relied upon.
If you own a pet and have recently split from your partner, contact Nott and Co lawyers at www.nottandcolawyers.com.au
