Are pets considered property in a divorce?

Are you getting divorced and sharing a pet with the other party? Read this article to understand more about how pets will be valued amongst the shared property pool.

Yes, legally pets are treated as property in the event of separation, divorce, or property settlement. Therefore, pets are included in the matrimonial property pool and are available for distribution between parties. Of course, pets generally have a high sentimental value for parties.

Pets are often considered a member of the family and can be very important for the children or even the separating parties. As the pets are considered legal property, they can be valued, however the legitimate monetary value for a pet can differ greatly from the sentimental value for the parties involved. The sentimental value is usually much higher. For example, a dog may be valued monetarily at $500-$1000, but the parties consider the dog to be of much higher sentimental value. We have experienced many matters where the pets in question are in dispute, displaying clearly that the pets are more than just their monetary value.

Some matters have settled the pets based on whom the children are living with predominantly as the pets may belong to the children, or the children may have special attachments to the animals. In some cases, pets are more important for one of the parties.

The most difficult matters occur when the pet is equally important to both parties. In these cases, it can become very difficult to determine which party will manage to receive the particular pet in the financial settlement.

If you need assistance with property settlement including your pets please call us on (07) 2113 4645 to schedule a consultation with one of our solicitors.