We all love our pets (especially us). But where do they go in a relationship breakdown? It’s common for people to ask the Court to treat their pets like children when it comes to making Orders. However, there are currently no processes for determining who keeps ownership of the family pets. …
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To put it simply, when you and the other party cannot agree to a value of an asset, that is the time to obtain a valuation.
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Will we be able to get shared custody? Similar to proposals for children, pet disputes come with proposals for sole residence, shared care and spending time with the pet. The courts are very hesitant to make orders for shared custody arrangement and such an approach does not appear likely to be permitted once the amendments commence.
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Due to new laws coming into effect in June 2025, pets will now be considered "companion animals" and to be a specific category of property. Meaning the Court will now have jurisdiction to make Orders in relation to the pet.
Some of the matters that will be considered in making an order are:
😸 the circumstances the animal was acquired
🐶 who has ownership
🐰 the extent each party cared for and paid for animal
🐟️ Any history of threatened cruelty or abuse
🦜 Any attachment by a party or child of the marriage
🦎 Family violence by one party on the other
Link in bio for more
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