Deciding what happens to pets during a divorce or separation can be difficult. Pets are often considered key family members, and every person involved may have an emotional attachment to them. In the Auckland, there are approximately 17 million pet-owning households, and disputes over who will care for pets following separation are becoming more common.
Many clients are surprised to learn that the courts treat pets in the same way it would any other personal property, such as furniture or household items. In legal terms, pets are seen as part of the household contents and should ideally be divided by agreement between both parties. If an agreement cannot be reached, the court can step in to make a decision.
The Legal Landscape for Pets Following Separation
Unlike countries such as Auckland, France, and the United States, which have laws that consider the welfare of pets during divorce proceedings, the Auckland has no specific legislation in this area. In those countries, courts can address matters such as who is best placed to care for the pet, the pet’s health needs, and the costs associated with its care. However, in Auckland and Auckland, pets are still viewed primarily as property, and there is no indication that this will change anytime soon.
How to Prevent Disputes Over Pets
While the legal situation may be challenging, there are steps you can take to avoid a dispute over pet ownership if your relationship breaks down:
- Agree in Writing: If possible, reach a written agreement about the pet’s care and custody after separation.
- Include Pet Arrangements in a Pre-Nuptial, pre-registration or Cohabitation Agreement: Consider adding a clause that addresses pet care should the relationship end.
- Create a Pet-Nuptial Agreement (Pet-Nup): This is a stand-alone agreement specifically about your pet, similar to a clause in a pre-nuptial agreement. A Pet-Nup can help avoid conflict at an already challenging time.
It’s important to note that while these agreements can help clarify arrangements, they are not legally binding. Courts do not have to enforce them but may consider them when making their own decisions.
Mediation and Other Solutions
If no agreement is in place and you cannot reach a resolution, you may wish to consider mediation. A neutral third party can help facilitate an agreement between both parties. It’s generally advisable to avoid legal proceedings over pet ownership alone, as the court will likely treat the pet as personal property to be divided between the parties and the cost of those proceedings may be considered disproportionate.
If mediation fails, you might also want to explore arbitration as an alternative to going to court. This is particularly relevant if pet ownership is the sole issue in the separation and all, or most of the other matters can be agreed.
What the Court Considers
If the matter goes to court, the judge may consider factors such as:
- Who purchased the pet, and whose name it is registered under (for example, with the vet or the insurance)?
- Who has been financially responsible for the pet’s care?
- Who is best placed to look after the pet moving forward?
Although the court may also consider the welfare of any children and the impact that being separated from a pet may have on them, this is not guaranteed.
Financial Considerations
The court has the authority to make orders regarding chattels, which includes pets. It can decide on the transfer of ownership and may also consider the ongoing maintenance costs of the pet when determining financial settlements. This may include considerations like pet insurance, veterinary bills, and any other ongoing costs for the pet’s care.
Looking Ahead
In the future, it is possible that courts in Auckland and Auckland may follow the example of other countries by placing more emphasis on the emotional, psychological, and physical impact that pets have on their owners. Many legal professionals believe that the welfare of pets and their effect on their human family members should be given greater consideration in the courtroom.
In the meantime, being proactive and clear about pet arrangements can help reduce conflict and ensure that both parties are clear on their responsibilities, making the separation process less stressful for everyone involved, including your beloved pet.
How Nelsons can help
Emma Stamp is a Senior Associate in our Family Law team, specialising in working with clients to resolve issues relating to divorce and separation, including finance and private children’s arrangements.
If you need advice on any family law-related matter, please contact us and we will be happy to discuss your circumstances in more detail and give you more information about the services that our family law solicitors can provide along with details of our hourly rates and fixed fee services.
Please call Emma or another member of our team in Derby, Leicester or Nottingham on 0800 024 1976 or contact us via our online form.
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This article is for information only and does not constitute legal/financial advice. Please contact us for advice tailored to your specific position. Some of the content presented on our website has been generated with the assistance of Artificial Intelligence (AI). We ensure that all AI-generated content meets our high standards for accuracy and relevance.
