What happens to the shared pet after the divorce?
October 16, 2022 | 30,00 EUR | answered by Johann König
Dear lawyer,
I am Albrecht Schaaf and I am facing the difficult situation of an impending divorce. My partner and I have a shared pet, a Labrador named Bruno, who is very dear to both of us. Since we cannot agree on how to proceed with Bruno after the divorce, I am reaching out to you with the question: What happens to the shared pet after the divorce?
Bruno has been a loyal companion to both of us for years, and we have always taken care of him together. Now, as the divorce is looming, the question arises of where Bruno will live in the future and what the visitation schedule could look like. I am concerned about Bruno's well-being and want to ensure that he continues to be well cared for and loved.
I would greatly appreciate if you could provide me with legal information and possible solutions regarding the division of the pet after the divorce. Are there any legal regulations that apply in such a case? How can my partner and I come to a fair agreement for Bruno that meets both his needs and our desires?
I hope for your support and thank you in advance for your help.
Sincerely,
Albrecht Schaaf
Dear Mr. Schaaf,
Thank you for your inquiry regarding the division of the shared pet Bruno in the context of your upcoming divorce. The question of what happens to a pet after a separation or divorce is indeed a common and often emotionally challenging situation. It is understandable that you are concerned about Bruno's well-being and want to ensure that he continues to be well cared for.
In Germany, a pet is legally treated as "property," which means that it can essentially be divided just like any other item. However, in practice, there are no clear legal regulations specifically governing the division of pets in a divorce. There is no "custody" or similar concept for pets like there is for children, for example.
In such cases, it is advisable for you and your partner to try to reach an agreement that is in the best interest of Bruno. This could mean establishing a visitation schedule for Bruno, where he alternates between living with both of you. It is important to consider the needs of the animal in addition to your own wishes.
If you and your partner are unable to reach an agreement, it may be helpful to consider mediation. A mediator can assist you in finding a fair solution that meets both your interests and the needs of Bruno. If you are still unable to reach an agreement even with the help of mediation, a court may ultimately decide how to proceed with the pet.
It is important to keep in mind that court proceedings are typically associated with high costs and long durations. Therefore, it is advisable to aim for an out-of-court settlement to avoid unnecessary stress and expenses.
I hope that this information has been helpful to you, and I am available for any further questions you may have. Please do not hesitate to contact me if you require further legal advice.
Sincerely,
Johann König
Attorney
