Kiddipedia
In a world where it is becoming more and more common for couples to have “fur children” as opposed to human babies, pets are becoming a bigger part of the discussion when it comes to separation and divorce. So, what happens to the pets when their humans decide to separate?
The answer, I’m afraid, is not so simple.
Although your pets may be your “babies” (mine are) there is no such thing as pet custody. As the law currently stands, animals, including beloved pets, are treated as property for the purposes of a property settlement between a married or de facto couple. If you cannot agree who should keep the pet, then it may be that a Judge decides what happens.
In one such case, the owners and their lawyers managed to agree about how to divide every single piece of property except for one – a little dog named Sammy* (not his real name). The Judge was then asked to decide who should keep Sammy as part of the property settlement between the husband and wife.
In this particular case, the Judge considered a number of factors regarding Sammy and who should keep him.
Some of those considerations included:
– Who purchased Sammy and whether Sammy was a gift to one of them;
– Who paid Sammy’s costs (ie vet care, dog food, etc);
– Who Sammy lived with prior to, during and after the marriage;
– Who was listed as an “owner” in certain documents relating to Sammy;
– Whether Sammy was registered, when that occurred and in whose name Sammy was registered;
The Wife said that she found Sammy as a puppy for sale (before marriage), took the Husband to see Sammy and the Husband offered to pay for Sammy as an early birthday present. The wife also had bank statements showing expenses she had paid for Sammy and documents from Sammy’s vet listing the Wife as the owner. The Wife had also cared for Sammy after separation.
The Husband said that he initially purchased Sammy – and he disputed that Sammy was as a birthday gift. Unlike the wife however, he was unable to produce other documents regarding payments he made for Sammy’s care during the relationship. He did produce registration papers listing himself as Sammy’s owner, however he had only done this after the parties separated, and when Sammy was still in the Wife’s possession.
In the end, it was the wife that kept Sammy. If it had been decided by another Judge, or if the Husband was able to put on more evidence, there might have been a different result.
In that case, asking a Judge to decide who should keep the dog would have been a very expensive process.
One way you can avoid going to Court about the dog (and other property) is with a Binding Financial Agreement. These documents (sometimes referred to as prenups) can set out how you will divide your assets (including pets) if you separate in the future. These agreements can be entered into before a couple starts living together, after a couple starts living together and even after parties are married. If you decide not to go down this path, at the very least, have a discussion up front about what should happen to your pets if you separate. You don’t want to end up fighting each other in Court over your fur babies.
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