Your pet matters in a separation – what the law now says
Your pet matters in a separation – what the law now says
For many people, a pet is part of the family. But when a relationship breaks down, questions about who keeps the pet can quickly become emotional and complicated. As of 10 June 2025, Australian law has started to recognise this reality.
The Family Law Amendment Act 2024 (Cth) introduces a specific framework for companion animals in property settlements. This means pets are no longer treated quite the same as other household items, and courts now have clearer guidance on how to deal with them.
What can the Court decide?
If you and your former partner cannot agree, the Court now has the power to make orders about your pet. These can include:
deciding which party will retain ownership of the animal;
ordering that ownership be transferred to one party; or
in some cases, ordering that the pet be sold
Importantly, the law does not provide for shared custody arrangements. This means the Court will generally determine a single owner, rather than creating ongoing care arrangements between both parties.
What factors does the Court consider?
When deciding who should keep a pet, the Court looks at a range of practical and welfare-based factors, including:
- who acquired the animal
- who has been the primary carer
- who has paid for veterinary treatment and day-to-day expenses
- the bond between the pet and any children of the relationship
- each party’s ability to provide ongoing care; and
- whether there has been any history of family violence or cruelty toward the animal
These considerations reflect the reality that pets are living beings with needs, not just property to be divided.
What should you do if you are separating?
If you have a pet and are going through a separation, it is important to start documenting your involvement in the animal’s care as early as possible.
Useful records may include:
- veterinary invoices and receipts
- microchip registration details
- purchase or adoption records
- evidence of daily care routines, such as feeding, walking and grooming
These documents can help demonstrate your role in the pet’s life and support your position if a dispute arises.
Need advice about your situation?
Pet disputes can be emotionally charged, particularly where both parties have a strong attachment. Getting clear legal advice early can help you understand your position and work towards a practical resolution.
Call our team on 1300 529 444 for 24/7 legal assistance, or visit fourtreelawyers.com.au.
This article is intended as general information only and does not constitute legal advice. For advice specific to your circumstances, please contact a qualified family lawyer at Fourtree Lawyers.