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Does the question matter?
“Yes,” says Peter V. Kunz (58), professor of labor law at the University of Bern. He is considered a pioneer in animal law and recently published his standard work “Swiss Animal Law”. Kunz tells Blick that divorced animals are becoming an increasingly important issue. “Because there are more and more pets and there are too many divorces. And because owners are forming an increasingly stronger bond with their pets.” In divorce, in addition to child custody, who owns what things (car, grill, household items, etc.) is also important. “And because animals are legally treated as objects, this context also concerns them.”
How are animals allocated?
Unlike the allocation of “divorced children” in the law, which provides for visitation rights and alimony, there is no legal regulation regarding animals whose owners are divorced. According to Kunz, so far there is not a single decision of the Federal Court that lawyers can use as guidance in this context. This can be explained by the fact that married couples often resolve the issue without a court order and reach an agreement on this issue through agreements called divorce agreements. “Usually it’s enough for a judge to say what the verdict will be.”
What would be the procedure if a case went before a judge?
Most animals are jointly owned by both spouses. Kunz says the judge will look at which party performs best regarding the animal, which is jointly owned by both partners, and award sole ownership to that party. Those who work less or are at home more often. Whoever has the bigger apartment. Who earns more to cover food and veterinary expenses? Whoever spends more time with the animal. Whose bond is stronger. A judge will examine all these issues and take them into account in the decision. “He or she can even find acquaintances of the couple being interviewed, conduct an on-site inspection, and observe how the partners interact with the animal.”
What about financial compensation?
According to Kunz, the person who is the sole owner of the animal must pay compensation to the other person based on the market value of the animal. If a judge calculates wear and tear of ten percent per year, for example, a Busi bought for 500 francs will still be worth 50 francs a few years later. For a breeding dog this could be several thousand francs. Kunz argues that emotional value, which is often much higher, can also be claimed as compensation. In other words: the emotional value an animal has for its owner. “A judge can also determine emotional value by questioning witnesses. Or check out the owners’ social media accounts. “For example, if someone posts thousands of selfies with a dog, that shows a close bond.”
How can you avoid legal disputes regarding pets in case of divorce?
Immediately after purchasing a pet, it is best for spouses to decide to whom they want to transfer sole ownership of the animal. Because even if the person buys the animal with his own money or if it is chipped in the name of a single person, it is included in the scope of profit share. If sole ownership is recorded in a document signed by both parties, there will be no difference in the event of a possible divorce. “This also saves costs because a pet-related dispute can get very expensive in court,” Kunz said. It is best to prepare the document in two copies and have one with each party. Animals that a party brings into the marriage are automatically adopted only.
Source : Blick
I am Dawid Malan, a news reporter for 24 Instant News. I specialize in celebrity and entertainment news, writing stories that capture the attention of readers from all walks of life. My work has been featured in some of the world’s leading publications and I am passionate about delivering quality content to my readers.
