Family Pets and the Law in Australia: Who Keeps the Pet After Separation?

For many Australians, pets are not “just animals”, they are beloved members of the family. When relationships break down, deciding who keeps the family pet can become one of the most emotional and contested aspects of separation.

Despite the deep emotional bonds people share with their animals, Australian law has historically treated pets very differently from children. Instead, they have traditionally been treated as property. Recent legal developments, however, show a shift toward recognising the unique role companion animals play in modern family life.

This article explains how Australian law deals with pets in separation and property disputes, the options available outside family law, and the practical steps separating couples can take to resolve pet ownership disputes.

Pets and Australian Family Law: Property, Not Parenting

Under the Family Law Act 1975 (Cth), pets have traditionally been treated as property. This means the Federal Circuit and Family Court of Australia does not determine “custody” or “shared care” of pets in the same way it does for children. Instead, pets are included in the property pool and dealt with as part of a broader property settlement.

In practical terms, the Court can make orders about who will own the pet, transfer ownership to another person, or order the pet to be sold. Importantly, the Court cannot order shared ownership or shared care arrangements.

This framework has historically caused frustration for separating couples who feel that their relationship with a pet should be treated differently from ownership of furniture or vehicles.

How Courts Decide Who Gets the Pet

When separating couples cannot agree on who should keep the pet, the Court considers a range of factors to determine ownership. These factors reflect traditional property settlement principles but also recognise the practical realities of caring for an animal.

Key considerations include legal ownership and registration, financial contributions such as the purchase price and vet expenses, and non-financial contributions including feeding, walking and daily care. Courts also consider the parties’ intentions at the time the pet was acquired and at separation, the attachment of any children to the pet, and each party’s ability to provide a suitable living environment and ongoing financial support.

These factors demonstrate that while pets are legally property, the Court recognises the real-life implications of ownership and the emotional bonds involved.

A Major Legal Shift: The Rise of “Companion Animals”

In June 2025, significant reforms came into effect under the Family Law Amendment Act 2024, marking a major shift in how pets are treated in family law proceedings. Pets are now recognised as “companion animals”, a defined category within the Family Law Act.

Although pets remain a form of property, this change acknowledges their unique role in family life and provides courts with clearer guidance when deciding ownership disputes.

Under the updated framework, courts may consider who provides daily care, who pays for veterinary treatment and ongoing expenses, and which party the animal would be better off living with.

These changes reflect growing recognition that pets hold a unique place in Australian households and that disputes involving companion animals are becoming increasingly common.

Family Violence and Pets

The reforms also recognise the role pets can play in family violence situations. Research has shown that threats or harm to pets can be used as a form of coercive control in abusive relationships.

Recent legislative developments aim to better protect victim-survivors and their animals by allowing courts to consider family violence and animal welfare when determining ownership of pets.

These developments reflect a broader understanding of the connection between human safety and animal welfare.

What If You Are Not Married or in a De Facto Relationship?

Family law jurisdiction only applies to married or de facto couples. If a dispute arises between people who do not meet this definition, pet ownership disputes are handled differently.

In these situations, disputes may be resolved through civil law processes. In Victoria, the Victorian Civil and Administrative Tribunal may hear disputes about jointly owned property, which can include pets. Alternatively, ownership disputes may be determined through civil proceedings in the Magistrates’ Court.

There is limited case law in this area, likely because litigation is costly and often disproportionate to the value of the dispute.

When Pets Are Given as Gifts

A common source of conflict arises when a pet was purchased by one partner but given to the other as a gift.

Legally, a gift requires an intention to give, acceptance of the gift, and no expectation that the item will be returned. Paying for a pet does not automatically determine ownership. Courts will instead consider factors such as registration records and caregiving responsibilities.

Resolving Pet Disputes Without Going to Court

Litigation is rarely the best outcome in pet disputes. Court proceedings are expensive, time-consuming and emotionally draining.

The preferred approach is to resolve disputes through negotiation or mediation wherever possible. An independent mediator can help parties reach a practical agreement that reflects the emotional and financial realities of pet ownership.

If an agreement is reached, it can be formalised through Consent Orders or Financial Agreements in family law matters, or through court orders or a deed of settlement in civil disputes. Formalising the agreement provides certainty and reduces the risk of future conflict.

Practical Tips for Pet Owners

Couples can reduce the risk of future disputes by planning ahead.

Practical steps include registering pets in the intended owner’s name, keeping records of veterinary expenses and ongoing costs, including pets in financial agreements or consent orders, and discussing arrangements early in the separation process.

Taking these steps can provide clarity and help avoid costly disputes in the future.

Conclusion

Pets occupy a unique place in modern Australian families, and the law is gradually evolving to reflect this reality. While pets remain legally classified as property, recent reforms recognise them as companion animals and provide courts with greater guidance when resolving disputes.

In most cases, the best outcome for all involved, including the pet, is achieved through negotiation and agreement rather than litigation. Seeking early legal advice can help separating couples reach a practical and compassionate resolution.