Who Gets to Keep the Pet in a Divorce NSW?

Who Gets to Keep the Pet in a Divorce NSW?

For many individuals, dogs are not merely pets but integral members of the family. Therefore, deciding who gets to keep the cherished pet can add an additional emotional layer of complexity to the process.

The Legal Status of Pets in NSW

The legal status of pets in NSW is that pets are considered as property. Pets are treated more like assets to be divided between parties, compared to child custody disputes, when the child's best interests are given priority.

Despite the fact that pets are considered “property”, the court acknowledges the emotional significance and bond people have with them. Who has been the pet's primary carer, who can afford to care for the animal, and to whom the animal is most bonded can all have an impact on the decision.

The Importance of Mediation

Couples often find that mediation is a more suitable path to settle pet custody disputes. Through mediation, both parties can reach an agreement to more flexible and tailored solutions, such as shared custody or visitation rights for the non-custodial party.

What can you do?

Documentation
Save all pet-related paperwork, including adoption or purchase documents, veterinary bills, and training records. This can assist in determining who is the primary carer and how much money each party has contributed.
Be Open to Compromise
In some cases, especially when both parties have been actively involved in the pet's care, a shared arrangement may be beneficial for the animal.
Consider the Pet's Wellbeing
Think about what is best for your pet. If the other party has better facilities, more time, or a greater attachment with the animal, this may mean letting go.

At Greigs Legal, we understand that family law matters touch on more than just legalities—they affect the heart, especially when there are beloved pets involved.

Navigating through a divorce can be challenging, and the question of pet custody can add an extra layer of stress. Our team is ready to assist you every step of the way. Feel free to contact us at (02) 4647 2968 or submit an online enquiry.

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