What Will Happen To My Pets If I Get Divorced?

Most divorces or separations are complicated, even if the couple split on good terms. Choosing who children get to live with, who gets what property and if either partner has to pay child support can be difficult. However, one of the hardest things for couples who don’t have children is often deciding what happens to their pets.

Luckily, there are precedents that can help you decide which partner gets to keep the pet. However, these decisions aren’t always easy to make. If you and your former partner both want to keep the dog, you may need to employ the services of an experienced family lawyer such as Accelerate Family Law who can help you settle the dispute in the courts.

Pets Are Seen As Property

As much as you love your pets and probably think of them like children, Australian law unfortunately doesn’t see things the same way. Under Australia law, pet’s are seen as property in the family courts, which means that they will be included in any property settlement disputes.

This also means that, unlike for children and dependents, separated couples won’t be awarded ‘share care’ of their pets. If you go through the courts, one partner will be awarded full custody. The only way to have some sort of share care arrangement would be to sort it out informally and amicably. However, if you decide to do this, you should consider whether the arrangement is in the pet’s best interest.

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Text Messages in Divorce – Collecting and Using as Evidence

In the virtual world in which we live important information can exist on a variety of electronic devices.  We use smartphones, tablets, PC’s and even smart watches.  According to Lawyers Perth, all of these locations could contain important information and even evidence in a divorce proceeding.

What kind of device you need to search and from which you should retrieve information depends very much on the type of divorce you may be handling.  Collecting evidence from electronic devices can be expensive and time consuming, so the first step is to identify exactly what you want.

Here are some examples of narrowing your search:  if you are trying to prove allegations of certain conduct (e.g. adultery) you might start with emails and text messages.  These can be found on electronic devices but also can easily be accessed on-line.  Text messages are more difficult because they typically exist only on smart devices.  Since 2010 cell phones were required to provide “location information” to assist with emergency services so ou might also consider retrieving the geo-location information from smart devices.  This can help prove the other party was in a certain location at a certain time.  For example, perhaps a wife was at a known location for drug dealing instead of at a child’s soccer game.

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