Efforts to prove pet ownership after a split could be solved with a puppy pre-nup: Pippa Colman

The law treats pets as property and won’t enter into negotiations about shared custody, Pippa Colman explains.

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How does the family court deal with pets?

The short answer is that the law treats pets as property, just the same as a block of land or a coin collection. If parties can’t agree, then the court has the jurisdiction to make an order.

However, some judges have been heard to say “I don’t do dogs”.

Occasionally a judge will send the parties out of the court and tell them to sort it out themselves because the court’s time is too valuable to deal with trivial matters.

If the court makes an order, it will give the dog to one of the parties.

Dogs are not children (even though some people love their dogs more than they love their children) – the Court will make an order dividing children’s time between their parents but won’t do that for dogs.

Some of the factors the court will consider when deciding who gets the dog, include who:

• Purchased the pet? There may be a receipt.

• Did the pet live with before the relationship started? Of course, this is unhelpful when the pet was bought during the relationship.

• Generally cared for the pet? The answer may be the children; again, not helpful.

• Paid for any insurance or veterinary bills? Credit cards and bank statements may help.

• Whose name is on the pet registration certificate.

Every family lawyer has dog stories. We have heard of dogs being pet-napped: for example, a dog running free on the beach was snaffled by the other party who had a leash handy and dragged the pet away.

We have heard many stories of dogs who travel between ‘parents’ when the children move, presumably because the children are so attached to the dog.

We have also heard stories of pets which mysteriously die and are cremated when in the care of the other ‘parent’.

So, what can pet lovers do to make sure that the dog stays with them after separation?

The answer may be a puppy pre-nup, i.e. a binding financial agreement which specifies who owns the dog and that the dog will stay with them after separation.

The downside is that each party must have independent legal advice prior to signing the binding financial agreement.

Pippa Colman.

Pippa Colman is the founding director of Pippa Colman & Associates Law Practice

Originally published as Efforts to prove pet ownership after a split could be solved with a puppy pre-nup: Pippa Colman