Pet Custody in Australia: Who Gets the Dog After Separation?

In today’s family law disputes, some of the most emotional custody battles are not about property or even parenting arrangements, but about pets. As pet custody disputes in Australia become more common, many separating couples are asking the same question: who gets the dog after separation?

Pets hold a cherished place in the hearts of many Australians and are often regarded as members of the family. However, under Australian family law, pets are treated as property during a property settlement. While this legal classification can feel at odds with reality, it determines how the Court deals with companion animals following separation.

Under the Family Law Act 1975 (Cth), pets are classified as property, similar to other assets such as vehicles or household contents. Importantly, the 2024 amendments to the Family Law Act, which came into effect on 10 June 2025, introduced specific provisions dealing with companion animals in property proceedings. These amendments codified how Courts must approach pet ownership disputes.

Are Pets Considered Property Under Australian Family Law?

Yes. Despite their emotional significance, pets are legally considered property under the Family Law Act 1975.  The Act now refers specifically to ‘companion animals’, defined as animals kept by one or both parties primarily for companionship. This means pet custody disputes are determined within the broader framework of property settlement proceedings.

What Orders Can the Court Make About Pet Custody?

The court can only make one of three types of orders in relation to a companion animal:

1. Award ownership of the pet to one party
2. Transfer the pet to a third party who consents to the transfer
3. Order the sale of the pet

The court is not empowered to make orders for shared custody or joint ownership of pets, as this would conflict with the ‘clean break’ principle under section 81 of the Family Law Act, which aims to finalise financial relationships between parties without ongoing attachments.

What Changed Under the 2025 Amendments?

The 2024 amendments to the Act introduced specific provisions for dealing with companion animals in property settlements. Section 79(6) of the Family Law Act explicitly states that the Court may only make orders regarding ownership of a companion animal, such as awarding ownership to one party.

Section 79(7) outlines the considerations the Court must consider when determining ownership.

What Factors Does the Court Consider When Deciding Pet Ownership?

When determining the ownership of a companion animal, the Court must consider the following factors under section 79(7) of the Family Law Act:

1. The circumstances in which the pet was acquired;
2. Who currently owns or possesses the pet;
3. The extent to which each party cared for and paid for the pet’s maintenance;
4. Any history of family violence or cruelty towards pets;
5. The attachment by a party or a child of the marriage to the pet; and
6. The demonstrated ability of each party to care for and maintain the pet in the future without support from the other party.

Can You Get Shared Custody of a Pet in Australia?

No. The Court cannot make orders for shared care or custody of pets. Unlike parenting matters involving children, there is no legislative framework permitting shared custody of companion animals.

However, separating couples can privately agree to shared care arrangements if they wish.

Can You Make a Private Agreement About Your Pet?

Yes. Parties may do have the option of entering into private agreements, such as a Financial Agreement (commonly referred to as BFA) to establish arrangements for shared care or joint ownership of pets.

These agreements (also colloquially known as “pet-nup”) allow parties to make decisions about their pets that the Court cannot make under the FLA. For the BFA to be binding, it must comply with the specific requirements, including independent legal advice for both parties and adherence to formalities under section 90G of the Family Law Act.

Mediation is another option for resolving disputes over pets. While mediation agreements are not binding, they can help parties reach mutually acceptable arrangements. However, such agreements cannot be formalised through Consent Orders if they conflict with the Family Law Act’s provisions on companion animals.

Key Takeaway For Clients

1. Pets are treated as property under Australian Family Law, and the Courts cannot make shared custody arrangements for pets.
2. The Court can only make Orders to award ownership of a pet to one party, transfer the pet to another consenting person, or sell the pet.
3. Factors such as care, financial contributions, and any history of family violence or cruelty are considered when determining ownership.

Couples can use Financial Agreements (“pet-nups”) to establish private arrangements for shared care, provided these arrangements meet the requirements of the Family Law Act.

How Ramsden Family Law Can Help With Pet Custody Disputes

Pet custody disputes can be emotionally charged and legally complex. Obtaining early legal advice can significantly improve your position during property settlement negotiations.

If you are separating and concerned about who will retain ownership of your pet, or if you are considering a pre-nuptial Agreement is right for you, or require independent legal advice to help you prepare or review an Agreement, please do not hesitate to contact our team.

We offer a free 30-minute initial consultation to understand your matter and discuss your options moving forward.

The content of this article is intended to provide general guidance on the subject matter and must not be relied on as legal advice. Specific advice should be sought about your circumstances.