Who Gets The Dog?

So many couples get divorced these days – particularly in the US – that it almost qualifies as a lifestyle. A recent survey revealed that less than half the number of couples in a live in relationship is married.

After a divorce, apart from the emotional baggage each party carries around for a long while, there are practical matters to attend to. To put it colloquially, the big question to be resolved is who gets which part of the loot. Property is the relatively easy part to split up; but what happens when some of that property is alive?

Nowadays, in many households, pets are treated as part of the family, rather than dumb animals. They are pampered and spoiled almost as much as a human child. It is hardly surprising therefore that, following a divorce, the fate of Fido is becoming a growing problem which lawyers are taking on board. Some are even drafting "petimony" contracts, for Pete’s sake.

Michelle Brown, a family law expert from Sydney, says it’s becoming more common for couples, particularly childless or heterosexual pairs, to share access to pets after they split up. The problem is that the existing law in most nations is not equipped for this.

The law in Australia, the United States and Britain for example, treats pets as property, like furniture. You don’t get visitation rights for a cupboard. Some couples, therefore, are having their lawyers draw up out-of-court written agreements over custody or support.

The trend has hit the headlines in recent years with several high-profile celebrity battles over pets. Jake Gyllenhaal was reported to have kept German shepherd Atticus after splitting with Kirsten Dunst, but the actress retained partial custody. Drew Barrymore was reported to have fought with her ex-husband Tom Green to keep their Labrador Flossie, who once saved the couple by waking them up during a house fire.

However, it’s not just celebrities who are squabbling over four-legged friends. Many lawyers are reporting that the number of cases is growing. Most cases do not go to the courts, however, as many couples manage to work out their own agreements for their pets or use mediators.

REUTERS