Modern Separation : who keeps the domestic pets ?
with Marianne Deada , Solicitor Digital Age Lawyers
During a separation , the division of belongings and assets can already be a stressful and complicated matter . These feelings are exemplified when it comes to deciding who keeps the pet . When both parties are not able to come to a decision privately on who will be the sole owner of the pet animal post separation the question is left for the courts to decide .
The courts will consider the decision on this question as part of the property settlement and division of assets , but while a television set or a Ppersian rug might be expensive , a pet animal is one of a kind and not as easily replaceable post separation .
The case of Downey v Beale ( 2017 )
This case explored this question and provides insight on how the court will determine the owner of a pet animal during separation . Judge Harmon approached this with reference to the Family Law Act 1975 and in the absence of specific provisions relating to pets treated the dog as a legal asset .
While Mr Beale was the initial purchaser of the dog and had registered the pet into his sole name which was an important factor , Judge Harmon also factored in that Ms Beale was the primary carer for the dog and paid , for veterinary bills , food , and other ongoing expenses .
When balancing these factors , it was Ms Beale who was awarded ownership of the dog as her ongoing and significant contributions outweighed the initial cost and registration of the pet .
Judge Harmon importantly noted that if children had been a factor in this case , that it would have been a weighty consideration when determining which party owning the pet would be of best interest to the child .
What the family court considers
• Who was the initially purchasedr and registered the domestic pet .
• If children are a factor , whose ’ s ownership of the pet would be of best interest to the child / children .
• Who was the primary carer of the pet .
• Who supplied ongoing financial contributions to the pet .
• Whether or not this person can provide safe and long-term accommodation for the pet within a stable environment . What are the options ? If you have found yourself in this position , there are numerous options to settle the dispute of an ownership of the family pet , but the first step is to negotiate between you and your partner where the animal can live .
However , if you cannot reach an agreement , seeking help from a lawyer to
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It is also important to remember that court is expensive , and it is advised to attempt to determine ownership before going to court . It is always recommended to have the issue resolved amicably between the parties using the information provided in this article .
NB : Marianne Deada is a Graduate Solicitor under the supervision of Katherine Hawes , the Principal Solicitor of Digital Age Lawyers .
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This might mean you were injured on the roads , at shopping centres , by professionals , or by faulty goods . Compensation is available and below is a typical case study .
When Mr Brown went to his local shopping centre on a rainy day , he slipped on a water-soaked floor mat and fell , fracturing his right leg . Mr Brown needed three operations and when his treatment was finished , he could not continue working as a labourer .
He also needed ongoing physiotherapy for more than three years and had no private health insurance to pay for this . He sued the supermarket on the basis that the water logged mat was an unseen hazard . It was alleged that the supermarket should have replaced the mat or used warning signs to alert shoppers of the danger .
Mr Brown received compensation for treatment expenses for the past and future and for his pain and suffering . Compensation also covered ongoing lost wages while he was injured and having to re-train for a new career and his legal costs .
Any sort of simple and unexpected injury can dramatically change your life . Always seek legal advice and remember that we have a policy of first consultation free as we think it is important to give our potential client ’ s an opportunity for some preliminary free advice .
We also offer a no win-no fee policy which means that unless we win your case , we do not charge you any fees .
If you need legal advice from a professional , contact McDonnell Schroder on 9622 1155 .
This article is written in a general nonspecific manner . Always contact your solicitor for specific legal advice .
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THE HAWKESBURY INDEPENDENT theindependentmagazine . com . au ISSUE 142 // MARCH 2022 23