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Britney Spears and Sam Asghari are getting divorced. On the one hand they fight over the assets and on the other hand they fight over their dogs. Pets are often a controversial topic during breakups not only among celebrities, but also among “ordinary” people.
Regardless of whether it is a dog or a cat, for some people their animals are almost as important as their children. But do the rules regarding the custody of children also apply to animals? Who gets custody of the pet after the separation? The Linz lawyer Nikolaus Leutgöb from the law firm Haunschmidt, Breiteneder, Leutgöb provides answers to the most important legal questions based on a decision by the Supreme Court:
Who gets the pet after a breakup? It depends on the stronger emotional connection to the animal. The Supreme Court decided that it is not the emotional bond between the animal and the person that matters, but only the emotional bond between the respective ex-spouse and the animal. The court must therefore determine which of the ex-spouses has the stronger emotional connection to the animal.
Is animal welfare relevant? According to the OGH, a distinction must be made between the custody of children and the allocation of pets. While the question of child welfare is crucial when it comes to children, “animal welfare” is not the case when it comes to animals. It is therefore not important which person would make the animal feel better. Rather, it depends on the ex-spouse’s stronger emotional connection to the animal. Animal welfare is only relevant if animal welfare regulations are violated. In such a case, the animal would be assigned to the other ex-spouse.
Which criteria are relevant for emotional connection? The OGH only gave one example in this specific case: care and concern for the animal during the marriage. However, all criteria that show that an ex-spouse had a stronger bond with the animal can be relevant.
What if the pet is very valuable? The criterion of emotional connection only applies to cases in which there are no recognizable financial interests. In most cases, the emotional connection will be crucial, even if the animal was expensive. In very exceptional cases, if the ex-spous is actually more interested in the animal as an asset, the decision could be made based on other criteria.
What applies to animals that were already present before the marriage? Animals that a spouse acquired before the marriage and brought into the marriage remain with that spouse even after the divorce.
What applies to rescue dogs, therapy dogs or service dogs? Rescue, therapy or service dogs are typically for the personal use of one spouse alone or to carry out their job. In such a case, the animal remains with the person who uses it for their job or who depends on the animal for health or therapeutic reasons.
More information can be found on the website of the Linz lawyers Franz Haunschmidt, Peter Breiteneder and Nikolaus Leitgöb www.hbh6.at
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Source: Nachrichten
