Even though it’s usually said as a joke, pets are no doubt a part of the family. This makes things a bit complicated when a relationship breaks down and you need to decide what happens to the pets during a divorce.
It can be quite difficult to come to a conclusion of who gets the pet after a divorce, as both partners may have contributed towards the funds of buying the animal as well as all the necessities for the care of said pet.
Below states the ways in which the two partners may be able to allow themselves to come to a smooth conclusion on who gets to leave with the pet in the eyes of the law.
Understand that a pet is viewed as a possession
Many would agree that pets are part of the family, well, the law technically does not.
During a divorce, children and pets are viewed very differently. A pet is viewed as a possession just like any other household objects are, for instance, the TV, therefore there is no specific law that suggests who gets the pets within the household.
Try to resolve issues amicably first
If arguments escalate over which partner gets the pet, then you can take the issue to court and be settled there officially. For this reason, it is important to attempt to resolve the issues amicably before the prospect of going to court begins to lOOMS larger.
Consider entering a prenup
One way of solving this issue amicably is by entering a prenup when the relationship starts to become very serious. Entering a prenup allows you to decide what partner gets what possession in case of a breakdown in the relationship.
Signing a prenup with your partner does not suggest that your relationship is doomed; it merely states ‘on the off chance this relationship does end, we have things covered and can come to a peaceful demise’. It is also important to recognise that prenups are not legally binding, however, they do show the intentions in case the relationship does break down.
The broader aspects of how the welfare of the pet will be impacted should also be taken into consideration such as one partner having to downsize leaving the pet with not enough room, if one partner is moving into rented accomodation which does not allow pets.
It is also thoughtful to take into consideration the effect of separating the children and the pet if children are also involved.
The courts may be the only option if no agreement can be reached
In some cases, all of the above may not help to bring a close to the argument and it is a necessity that both partners take this issue to court. The final decision may not be ideal for either party, this is a similar scenario for when the ownership of a house can not be agreed upon the house will be sold.
If the argument about who gets the pet is the main issue then the court will attempt to prove ownership through who is the registered owner, who pays for the pet insurance and who paid for the pet. The evidence provided to answer these possible queries must be admissible in court.
If the prospect of losing your pet is a worrying factor for you, you may want to get in touch with Family law solicitors who can help you to reach an agreement if it continues to be a pressing issue.
