What happens to the shared pet after the divorce?
March 14, 2022 | 30,00 EUR | answered by Erwin Evers
Dear lawyer,
I am reaching out to you with a question regarding divorce law. My name is Bernhard Gehrmann and I am currently in the process of divorcing my wife. During our marriage, we acquired a pet together and now the question arises of what will happen to this pet after the divorce.
Our pet, a dog named Bruno, is very important to both of us and we have both taken care of him equally. Bruno is like a family member to us and we both want to ensure that he is well taken care of after the divorce. However, we are unsure of the best way to handle the situation, as we both are very attached to Bruno.
I am concerned that conflicts may arise if we do not agree on what should happen to Bruno. Therefore, I would like to know what options there are to find a fair solution for all parties involved. Are there legal regulations that apply in such cases? Can an arrangement regarding the pet be made during the divorce proceedings or does it need to be addressed separately?
I would greatly appreciate your assistance and guidance in this matter and hope for a prompt and clear response.
Sincerely,
Bernhard Gehrmann
Dear Mr. Gehrmann,
Thank you for your inquiry regarding pets in divorce law. It is understandable that you are concerned about the well-being of your dog Bruno and seek a fair solution for all parties involved. In such cases, it is important to consider the legal regulations and act in the best interest of the animal.
First and foremost, it is important to know that pets are legally considered as "property" in Germany. This means that they are generally treated like other belongings and can be divided in the course of a divorce. However, the legislator has recognized that pets often have a special significance for their owners and has therefore created some specific regulations.
In the case of a divorce, you and your wife can make an agreement regarding the pet, which will then become part of the divorce settlement. It is advisable to document this agreement in writing and possibly have it notarized to avoid disputes. In this agreement, you can, for example, decide who Bruno should live with in the future and who will be responsible for the costs of caring for the animal.
If it is not possible to come to an agreement amicably, the family court can make a decision regarding the pet as part of the divorce proceedings. The well-being of the animal will be taken into consideration, and a solution that best meets the welfare of the animal will be found.
However, it should be noted that the court primarily aims to protect the interests of the individuals involved and still treats animals as property from a legal perspective. Therefore, it is advisable to seek an agreement with your wife beforehand to find a satisfactory solution for all parties involved.
I recommend that you contact an experienced divorce attorney who can advise you on this matter. Together, you can find a solution that takes into account both your needs and the needs of your dog Bruno.
I hope this information has been helpful to you and I am available for further questions.
Best regards,
Erwin Evers
Attorney specializing in divorce law
