When couples separate, one question that often comes up is; "who gets to keep the pet?". Pets are part of the family, and their care after a relationship ends can be emotional.
Pet custody laws in Australia is now more clearly addressed under recent changes to Australian family law. New rules give courts the power to consider pets separately from other property, focusing on their welfare and the relationship each party has with the animal.
What Does the Law Say About Pet Custody in Australia?
Under the pet custody Australia changes starting June 2025, the Family Law Act now includes a framework just for companion animals. While pets are still considered property under the law, they are treated differently from furniture or bank accounts.
A companion animal is defined as one kept mainly for friendship or emotional support. This means family pets like dogs, cats, or birds fall into this category.
However, animals used for farming, business, or scientific purposes are excluded. For example, a sheepdog used to herd animals on a farm is not a companion animal under the law.
Courts can now make specific orders about who gets to keep a companion animal, whether it should be sold, or if it should be transferred to another person with consent. These changes provide clearer rules for pet custody laws, making pet-related disputes easier to resolve.
Who Gets to Keep the Pet After Separation or Divorce in Australia?
When deciding pet ownership after separation, the court does not automatically give the pet to the person who paid for it or whose name is on the microchip. Instead, the court looks at what arrangement is fair and who can best care for the animal.
If both people want the pet, the court may consider:
- Who has a stronger bond with the animal
- Who has been the primary carer (feeding, walking, vet visits)
- Who has the time, housing, and ability to care for the animal in the future
- Whether there are children in the household who are attached to the pet
Pet custody decisions are made to ensure the pet's wellbeing while also trying to reach a fair outcome for both parties.
How Do Australian Courts Decide Pet Custody Disputes?
When a couple cannot agree on what to do with a pet, the court will step in. Under the new pet custody laws Australia, the court must consider certain factors when making a decision about a companion animal. These include:
- Any past abuse or threats made toward the animal
- The emotional attachment of a party or child to the animal
- Each party's ability to care for the animal going forward
The court has the power to assign sole ownership of the pet to one person, transfer the animal to someone else (with their agreement), or order that the pet be sold. The goal is to decide what is fair and reasonable, based on the needs of the people involved and the pet's wellbeing.
These new laws are designed to bring more structure and fairness to pet custody Australia cases, while helping reduce conflict during a difficult time.
Can We Share Custody of a Pet in Australia?
One common question couples ask is whether they can share the care of a pet after separation. The short answer is no. The court cannot make an order for shared custody or shared care of a pet.
While you and your former partner can agree privately to alternate pet care, this kind of shared arrangement will not be legally ordered or enforced by the court.
Under pet custody laws Australia, the law does not recognise pets the same way it does children. Courts can only make binding orders giving full responsibility for the pet to one person.
However, if you both agree, you can create your own informal schedule to share time with the pet. Just remember that the court cannot help enforce this if problems arise later.
Also Read: 80/20 Split Divorce Settlement in Australia
Is My Pet Considered Property Under Australian Family Law?
Yes, under the law, pets are still legally viewed as property. But the recent reforms now give pets their own special set of rules when it comes to family law disputes.
This means that while pet ownership after separationis still part of the property settlement process, the court will treat pets differently from other assets. Companion animals are now considered with more care, and the court must think about emotional connections and the pet's future wellbeing.
This shift in how the law treats pets reflects how important they are to families. It also means pet custody Australia matters are now handled in a more thoughtful way.
Also Read: What Factors Do Property Settlement Lawyers Consider When Dividing Assets?
Putting Pets First: What You Should Know
Deciding what happens to a beloved pet after a breakup can be one of the hardest parts of separation. The recent changes to pet custody laws Australia bring more fairness, clarity, and compassion to these situations.
Whether you are the one who bought the pet or the one who feeds and walks it daily, what matters most is your ability to care for the animal and the bond you share. The law now supports a deeper look at these factors when making decisions about pet ownership after separation.
Need Help Sorting Out Pet Custody?
Are you unsure who will keep the pet after your separation? At
Justice Family Lawyers, we understand how deeply people care about
their animals.
Our team can help you understand your options under the new pet
custody Australia laws and support you in reaching a resolution
that works for you and your pet.
Speak with a dedicated family lawyer today to protect what
matters most. No stress, no confusion, just practical help when you
need it.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
