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Pets and divorce
I was recently contacted by a newspaper journalist to give an opinion in a newspaper about animals and how they are treated in divorce cases. The article was later drafted by her and appeared in a Cape Town newspaper.
Pet custody not often disputed
I explained to her that the reality of the matter in South Africa is that couples do not often fight about animals when going through a divorce. In fact I would say that in only about one out of ten divorces do the couples argue about animals.
The wealthy & childless
The cases where couples argue about animals usually only occur in matters where the parties are fairly wealthy, and also in matters where there are no children. Couples are more likely to spend money litigating on custody to children, maintenance and assets than spending money litigating on animals.
More common in other countries
What is particularly interesting to consider is why in other countries a couple going through a divorce are more likely to fight over animals in a divorce than a couple in South Africa. The reality of the matter is that in countries such as the United Kingdom animals are treated more like children than in South Africa.
Dog remains at marital home
In many European countries it is customary for a dog for example to sleep inside the house. This is not so in South Africa. Very often you would find that a dog in South Africa sleeps outside and is not considered a member of the household. If one party in the divorce gets to keep the house at finalization of the divorce, usually the dog would carry on staying in the house.
Pets treated like property
In South Africa we treat animals in our divorce consent papers in a similar way to how we treat other movable assets. We would say that the dog becomes the “sole and absolute property of one the parties” at dissolution of the marriage, for example. Some people in some countries would argue that this can be seen as unethical treatment of the animal, referring to them as “property”.
Some attorneys argue that antenuptial contracts should include provisions relating to what should happen to the animals at the time of dissolution of the marriage. This makes sense to me. In very much the same way that one would have clauses relating to what would happen to the assets, in the prenup, one could also have clauses dealing with where a pet should stay post-divorce and who would be responsible for paying for the pet.
An article was written a while back by Tom Cox in the Daily Mail. He wrote about how he and his ex-wife fought over their six cats when they got divorced. He is also writer of “Under the Paw: Confessions of a Cat Man”.
Best interests of the pet
Animals in divorce cases are an extremely interesting topic, which can cause a great deal of dispute in a divorce over who gets them. I suppose the most logical way of sorting this out would be if a member of the SPCA investigated each specific situation and home, to determine what is in the best interests of each specific animal. This function would be similar to that of a family advocate in determining what is in the best interests of a child in divorce and where the child should stay after the divorce.
-------------------------------------------------Quote for Family Lawyer
Other divorce-related issues
At the beginning
Should I advise my spouse of the impending divorce action?
Should you move out of the matrimonial house prior to divorce?
Remove your spouse as a beneficiary on your Life assurance.
Check your lawyer's credentials with the Legal Practice Council
Divorce rule 43 for maintenance prior to divorce & divorce costs
Psychological issues
Marriage counselling to avoid divorce
Psychological impact of divorce on children
Child custody when a parent is mentally unstable.
Child-related divorce matters
Mediation to resolve child custody and maintenance issues
Can a "band-aid baby" save a marriage?
Annexure A
If there are minor children involved, the divorce summons must have an Annexure A attached to it.
Custody of children upon divorce
Jurisdiction in child custody matter (e.g. if child moved to another province)
Using Rule 43 to apply for interim custody entitlement
Chamber book application for parenting plan
International Abduction of a child by a parent
Child custody when a parent is mentally unstable.
Custody when there's been drug use.
Child custody for the father
Custody granted to unmarried father
When a child won't see his/her father or mother
An unborn child when divorcing
Grandparents & divorce
When Grandparents want custody ahead of parents
Challenging the family advocate report
Child custody post divorce
Application to terminate your ex's parental rights
Splitting up siblings post divorce
Which parent decides the school to attend?
Child custody on death of a parent
Child custody following the death of a parent.
Guardians appointed by deceased parent.
Surviving parent vs aunt child custody battle, after the murder of the mother.Adoption of a stepchild
Divorce and pets
Pets and divorce.Maintenance for children
Child maintenance to what age?
Maintenance & proof of paternity
Maintenance & custody of adopted children
Maintenance for the unborn child
Divorce & maintenance considerations for a handicapped child
Token or minimal maintenance when parent doesn't work
Impact of inheritance on child maintenance obligations
Maintenance for children over 18
Grandparents' maintenance & care obligations
Children suing for maintenance
Application for maintenance reduction
Arrest after failing to pay maintenance
Maintenance for spouse
Maintenance in a polygamous marriage
Maintenance when your spouse remarries
Abduction & kidnapping of children
Abduction of a minor - Latest case law
The kidnapping of minor children by a parent
The international abduction of children from South Africa.
International divorces, children & overseas issues
Divorce when the children & spouse are overseas
Child contact rights for an overseas parent
Keeping contact when your child and ex move overseas
Using Virtual Conferencing to keep contact with children post divorce.
Other child-related matters
Mental handicapped children & divorce rates
National register of those unsuited to working with children
Joint decisions with respect to minor children
Joint Guardianship of a child between Domestic worker & Employer, so as to enable the child to attend the local school.
Kidnapping of a child by the other parent.
Affairs
Affairs and their impact on divorce settlements.
Assets/debt and divorce
The duty to disclose your financials when divorcing.
Insufficent disclosure from a spouse on their assets/liabilities; the section 7 notice remedy (in terms of the Matrimonial Property Act)
Division of the joint estate in the event of a divorce.
- Antenuptial contracts
- When parties cannot agree on the accrual calculation; the court may appointment a referee to assist with the accrual calculation
- When parties cannot decide how to divvy the assets : The court may nominate someone to collect, realise and divide the estate (called a liquidator, receiver or curator).
- How affairs impact the division of assets on divorce
Movable assets - what to take if you move out.
Protection of assets using a trust
Divorce & pension fund assets
Proposed two pot retirement system and impact on divorce settlements.
Divorce and pension fund payouts
Get your info directly from spouse's pension fund, not indirectly from your spouse.
Undisclosed Pension Interest at divorce results in amendment to divorce order
Pension interest in the accrual calculation, and the related tax liability
State pension fund is unconstitutional
Navy pension payout post-divorce
Property and divorce
Be careful with how you word the clauses about selling the property upon divorce
Should you move out of the matrimonial house prior to divorce?
Property in your spouse's name
When parents have rights to stay at the property you want to sell on divorce.
Life insurance, death & divorce
Life assurance actions you need to take when divorcing
Death in the middle of divorce
Divorce & future expenses
Divorce & Future medical expenses
Marriage (COP vs ANC), cohabition and Universal partnerships
Marriage in community of property
Short definition of a marriage in community of property
Forfeiture of benefits of marriage in community of property - Wijker v Wijker 1993
Kooverjee v Kooverjee
Rights for those in Universal partnerships
Treatise on the Contract of Partnership: By Pothier ; with the Civil Code and Code of Commerce ... (1854)
Null declaration of customary union
Perjury & forgery
Divorce: Forging spouse's signature
Divorce courts
Divorce cases in the Cape High Court
Annulment instead of divorce
What is annulment of a marriage?
What are the grounds for annulment of a marriage?
Divorce documents
Sheriff letter for divorce summons (combined summons)
Sheriff letter for divorce summons
The final order of divorce
Divorce & the particulars of claim
Divorce orders
Vary or rescind a divorce order
Change divorce order without court application
Non-compliance with a divorce order
Spangenberg & Another vs De Waal; Rule 43 order is set aside
Ask questions about divorce and pets
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