Pets and separation

On Monday 17 August 2015 Yeend & Associates Family Lawyers is supporting the RSPCA Cupcake Day and donating to help the rescue, rehabilitation and re homing of animals. Where possible, the RSPCA actively aim to protect the welfare of animals at risk through domestic violence by providing emergency respite care and support for pets at separation. It is concerning that studies have shown people can remain in violent and dangerous relationships rather than leave their pet behind with an abusive partner. The acknowledgement of this issue by the RSPCA in their policy is commendable.Legal Issues

Under the Family Law Act, you may be surprised to learn that the family pet is treated in the same way as other personal property. The Court has a wide discretion to divide matrimonial assets between separated persons and the family pet may even have to be valued along with the car in difficult disputes. Despite the dispassionate approach that a Family Law Court may take, Animal Welfare legislation protects your pets from cruelty and implies that pets need more consideration at separation than the washing machine. It is important to think about the arrangements for your pet in a more responsive way, considering that research has recently indicated that pets as well as people can suffer psychologically from relationship breakdown and the separation of their family unit.

Things to Consider

Ideally when you get a pet during a relationship, you should consider the caring responsibilities for your pet in the event of separation. While this is an unromantic task, your pets are dependent on you to be responsible in the arrangements for their care. Some things to consider are:

1. What would be the future financial care arrangements for the family pet in the event of separation. Should Pet Insurance be contributed to before and after separation to assist in the future care costs of the family pet?
2. What will be the level of information sharing about the family pet in the event of separation? Regular updates and photos? Information about health issues and any big decisions that need to be made?
3. While shared care of the family pet might avoid making a tough decisions and seem fair, is your pet comfortable with change or would this kind of arrangement be stressful? You should consult your Vet for some advice. Stress can manifest in physical conditions in your pet. Perhaps shorter visits or taking, for example, the Dog for a walk from time to time might be a better approach for your pet.
4. Should the family pet stay with the kids to promote some stability at separation? Some research indicates that children who have pets tend to cope better in circumstances of separation.
5. What accommodation will you need in the event of separation? It can be too late if you make arrangements and then find out you can’t take the family pet if you intended to.
6. Should you document your arrangements for the family pet to minimise the risk of possible future disagreements?

Any Other Questions?

Yeend & Associates Family Lawyers is a specialist Family Law Firm and can assist you with legal arrangements at separation including providing guidance about property division and reaching agreements, including agreements about the care of the family pet. All new clients are offered an initial no obligation consultation to discuss your legal matter in confidence. We welcome you to meet with one of our Family Lawyers by contacting 02 6154 5090 or www.yeendassociates.com.au.