Going through a separation or divorce and navigating change is a stressful and often overwhelming process. As an affected party, you will likely deal with a variety of difficult challenges.
Common matters that arise during the settlement process include working out how to divide property or deciding who gets custody of the kids. But one of the lesser-known challenges is determining which party will get to keep the family pet.
This article aims to set out how Australia’s Family Law system deals with pet custody disputes arising from divorce or legal separation. If you are currently experiencing a dispute about pet ownership with your former spouse or partner or wish to find out more, keep scrolling!
Pet custody arrangements and Australia’s Family Law System
The Family Law Act 1975 (Cth) is Australia’s leading law on matters involving divorce, property settlement, spousal maintenance and issues relating to parenting arrangements after separation [1]. All states except Western Australia operate under this piece of legislation. Rather than referring its powers to the Commonwealth, the Family Court Act 1997 (WA) regulates Western Australia’s family law system. Both pieces of legislation cover similar matters and have similar intentions.
As of 10 June 2025, Australian family law recognises pets as more than just property. Courts can now consider the wellbeing of the animal when making decisions about who should keep them. This marks a shift from treating pets purely as assets, and gives their role as companions more legal weight.
Recent reforms introduced by the Family Law Amendment Act 2024 mean that courts may now take into account the relationship between each party and the pet, the pet’s wellbeing, and practical living arrangements – recognising pets as valued companions, not just assets.
The Family Court has the power under s 79 of the Cth Act to make any order it considers appropriate in relation to the property of married couples. This includes determining who will have primary custody of the family pet if parties cannot reach an agreement on their own.
To inform a decision in a property settlement proceeding that involves a family pet, the Family Court will assess several factors. These factors include:
- Which party purchased the animal?
- Which party is the registered owner of the animal?
- Which party can provide the most suitable accommodation for the animal?
- Which party has made greater financial contributions to the care and maintenance of the animal? For example, who has paid for its food, grooming and veterinary expenses?
- Which party has made greater non-financial contributions to the care and maintenance of the animal? For example, who has fed the animal or taken it for walks?
Helpful tips to avoid a messy dispute about pet ownership with your former spouse or partner
While there will always be cases that require court action, it may be in your best interests to avoid formal proceedings. The adversarial process used by Australia’s court system focuses upon which party can best persuade the judge and jury that their version of events is most convincing. In light of this competitive environment, there is no guarantee that you will resolve your pet custody dispute in an amicable manner.
Depending on your circumstances, you may find it more beneficial to resolve disputes through more informal means. Negotiating with your former spouse or partner is a great way to come up with a living arrangement that is in the best interests of your furry friend. Unlike an independent third-party decision-maker, you are aware of your pet’s unique needs and their relationship with each family member. Negotiated Shared Pet Care agreements also provide greater scope for creativity [8]. For example, you may wish to draw up a timetable system that allows for joint ownership of your pet. You should, however, keep in mind the logistics of co-sharing a pet if your separation has been difficult or emotionally taxing.
Another helpful alternative is to prepare a binding financial agreement that sets out who will keep your pet if you separate from your spouse or de facto partner. Or you can use our Shared Pet Care Agreement!
Here at RP Emery & Associates, we provide quality financial agreement kits to enable you to get on with your life without the strain of ongoing court proceedings.
Our agreement templates are fully editable in Word and can include specific provisions for your family pet if your circumstances so require. Click here to learn more about our range of quality financial agreement kits or contact our team on 1800 608 088 to organise a chat.
Frequently Asked Questions
What’s changed in the law regarding pets and separation?
From 10 June 2025, changes to the Family Law Act allow Australian courts to consider the wellbeing of pets during separation and divorce. Previously, pets were treated strictly as property. Now, the court may consider factors such as who the pet has lived with, who has provided day-to-day care, and what is in the pet’s best interests.
Are pets still considered property under Australian law?
Yes, but not only as property. While pets are still classified as part of the property pool, the court now has discretion to consider their role as companions. This includes looking at the emotional connection between each party and the pet, and practical care arrangements.
Does this mean pets are treated like children in custody disputes?
No. Pets are not treated the same as children in family law, and there is no formal “custody” process for animals. However, the new laws allow the court to consider similar types of information for example, who the primary caregiver has been, rather than simply allocating the pet as property.
Will I automatically get the pet if I paid for it?
Not necessarily. Although financial contribution may still be relevant, the court can now also consider who has cared for the pet on a day-to-day basis, who has the stronger bond, and who is better placed to look after the pet in the future.
What can I do to make sure I keep my pet after a separation?
The best approach is to reach an agreement with your former partner. You can record this in a Shared Pet Care Agreement or include it as part of a Binding Financial Agreement. These documents can outline who the pet will live with, who pays for expenses, and what happens if circumstances change.
