Pets bring joy and comfort and can really improve the quality of our lives.

Many couples see their pets as their children, especially when couples do not have children of their own. Each spouse has the ability and opportunity to develop a meaningful relationship with their pet.

So when a couple separates or divorces, who gets to keep the beloved pet?

The first thing you need to know is that, under Australian law, pets are considered property. The details of where pets will live are to be detailed in the property settlement agreement.

In some cases, couples may be able to agree amicably about what would be best for the pet, but deciding who gets to keep the pets often ends up in arguments. In these cases, consulting with family law specialists in Sydney.

Another thing that you should realise is that more and more couples in Australia are choosing not to get married. In cases of division of property, unmarried couples are now being treated the same way as married couples. Hence the rise in de facto couples seeking the services of family law specialists in Sydney.

So if you were in a relationship in which you were not married but residing together and in a de facto relationship, division of property is treated the same as if you were married. But what determines a ‘de facto’ relationship exactly. There are multiple factors, including:

• The nature of the relationship
• Length of relationship
• Who owns the property
• If any children are involved
• Public aspects of the relationship
• Financial interdependence

Once a de facto relationship has been determined, then division of property is treated the same as if the couple were a married couple. So, what property is subject to being divided?

• Real estate
• Corporate shares
• Vehicles
• Superannuation
• Household items
• And more

In most cases, it won’t be a 50/50 split. The court will look into many different factors before deciding what is fair.

Pets are considered ‘marital assets’, but they can be complicated as pets cannot be liquidated. They are living, breathing creatures and their needs need to be taken into consideration. Ownership rights may need to be looked at, as well as who looks after the pet, provides for the pet, spends the most time with the pet etc.

Need the advice of professional law specialists in Sydney? Get in touch with the team at Lapointe Family Law today!