For many people, pets aren’t just animals – they’re a part of the family. They’re part of your daily routines and there for you through difficult times. So, when a relationship ends, one of the most common (and emotional) questions that may be asked is: “Who gets the pet?”
If you are separating or getting a divorce and there are pets involved, it would be helpful for you to understand how pets are treated under the Family Law Act 1975, and what your options are moving forward.
Are Pets Treated Like Children Under the Family Law Act 1975?
Under the Family Law Act 1975, pets are still legally considered property, unlike children who are dependants. That means they form part of the property settlement when a couple separates. In the past, Courts applied property law principles and treated pets the same way as other assets, focusing on ownership, who paid for the pet, whose name it was registered under etc. rather than at emotional attachment.
However, recent amendments to the Family Law Act 1975 (effective from 10 June 2025) now recognise that pets are living beings (referred to as “companion animals”), not just possessions. The recent changes give Courts more flexibility to make specific orders about companion animals, rather than simply assigning a financial value to them like property.
What is a “companion animal”?
The Family Law Act 1975 defines a “companion animal” as an animal kept by the parties to a marriage or either of them, or the parties to a de facto relationship or either of them, primarily for the purpose of companionship, but does not include:
(a) an assistance animal within the meaning of the Disability Discrimination Act 1992; or
(b) an animal kept as part of a business; or
(c) an animal kept for agricultural purposes; or
(d) an animal kept for use in laboratory tests or experiments.
How Does the Court Decide Who Keeps the Pet?
When there is a dispute about a pet, the Court would consider the following factors, including (but not limited to):
- Who originally purchased or adopted the pet
- Who has been the primary carer of the pet i.e. who fed, walked, trained the pet
- Who pays for veterinary bills, food and registration
- Where will the pet have the most stable living environment
- Whether there is a history of family violence involving the pet
- If there is any attachment by any party or child of the relationship to the pet
The focus is less about who loves the pet more, and more about who is best placed to care for the pet going forward.
Under s 79(6) (and s 90SM(6) for de facto couples) of the Family Law Act 1975, the Court may:
- Make an order that only one party owns the companion animal;
- Make an order that the ownership of the companion animal be transferred to another party; or
- Make an order that the companion animal be sold.
Can We Share Care of Our Pet?
Joint ownership of the pet is not allowed. The Court will also not make orders for shared time/care with the pet. While it is understandable to want to have ongoing contact with a much-loved pet, Courts are generally cautious about shared care arrangements that require ongoing interaction between former partners/spouses.
Despite this, separating couples are free to consent to their own arrangements. Many couples agree privately to arrangements such as:
- The pet living with one person for most of the time
- Informal visitation schedules
- Sharing costs for vet care or insurance
If both parties are able to communicate respectfully, these agreements can work well.
Do We Have to Go to Court Over a Pet?
In most cases, no.
Disputes about pets and divorce in Australia are often resolved through:
- Family law mediation
- Negotiated property settlements
- Consent orders
Resolving matters outside of Court is usually faster, less expensive and less stressful for both you and your pet.
What Should You Do If You’re Worried About Your Pet and Separation?
If you’re separating and concerned about keeping your pet, some practical steps can help to support you retaining your pet:
- Keep records showing your involvement in day-to-day care
- Make sure registration and microchip details are up to date
- Save receipts for vet bills, food and other expenses
At Hassall’s Litigation Services, we know that pets are part of the family, and separation can make decisions about them especially stressful. Contact us today at (03)95557233 or email admin@hls.net.au to guide you through any family law disputes you may have.
