Pets and Family Law: Who Gets the Pet After Separation?

For many people, the family pet is family — but the law has traditionally treated pets as property. That's now changing. This guide explains how pets are dealt with after separation, the recent law reforms recognising pets as more than mere possessions, and how mediation resolves pet disputes humanely.

Key takeaway: Traditionally, Australian family law treated pets as property, dividing them like any other asset. Recent reforms to the Family Law Act now require courts to consider specific factors about the animal — including who cares for it and any family violence — rather than treating pets purely as possessions. Mediation lets separating couples agree humane, practical arrangements for a beloved pet.

How does the law treat pets?

This often surprises people: historically, under the Family Law Act 1975, pets were treated as property — an asset to be allocated in the property settlement, the same as a car or furniture. There was no concept of "pet custody" or shared care in the way many owners assume. For people who consider their dog or cat a family member, that approach felt deeply inadequate.

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The law is changing

Reforms to the Family Law Act 1975 have introduced specific provisions for companion animals — recognising that pets aren't just ordinary property. Rather than simply allocating a pet as an asset, courts are now directed to consider relevant factors about the animal and the people involved when deciding who keeps it. It's a meaningful shift that brings the law closer to how families actually feel about their pets. See the 2025 Family Law Act changes →

What's considered for who keeps the pet

Under the reformed approach, relevant considerations can include:

  • Who has primarily cared for and met the costs of the animal
  • Any history of family violence, including threats or harm involving the pet
  • The relationship between the animal and each person (and any children)
  • Each person's ability to care for the animal going forward

Notably, the law recognises the link between pets and family violence — an important protection, as pets are sometimes used as a means of control.

What courts can and can't do with pets
QuestionPosition under the reformed law
Can a court allocate a pet to one person?Yes — a court can order that one person keeps the animal.
Can a court order 'shared custody' of a pet?No — a court generally won't make shared-time orders for an animal.
Can the parties agree to share a pet themselves?Yes — you can agree any arrangement you both want, including shared time.
Is family violence relevant?Yes — including threats or harm involving the animal.
Does who paid for the pet matter?Yes — who cared for and met the costs of the animal is relevant.

Can you share a pet?

A court generally won't make "shared custody" orders for a pet the way it would for children — but you can agree to whatever arrangement works, including shared time, if you both want it. This is exactly where reaching your own agreement beats leaving it to a court: through negotiation you can craft a flexible, humane arrangement that a judge wouldn't impose. See how property is divided →

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Putting the agreement in writing

Once you've agreed who keeps the pet — or how you'll share time with it — it's wise to record that agreement in writing rather than relying on a handshake. A pet arrangement can be documented within a broader parenting or property agreement, or set out in consent orders so it forms part of a final, binding settlement. Putting it in writing removes ambiguity about who is responsible for vet costs, insurance, day-to-day care, and any agreed shared time. It also means that if circumstances change or a disagreement resurfaces later, both of you can point to a clear, agreed record rather than re-litigating an emotional issue from scratch. A mediator can help you capture the detail — including practicalities like handovers and who covers ongoing expenses — so nothing is left to assumption.

Why mediation is ideal for pet disputes

Pet disputes are emotionally charged but rarely suited to the bluntness of a court order. Mediation lets you and your former partner talk through what's genuinely best for the animal and agree an arrangement — sole care with visits, shared time, or a clean handover — that reflects your circumstances and your bond with the pet. It's faster, cheaper, and far kinder than fighting over a family member in court.

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Working animals and livestock

Not every animal in a separation is a companion pet. Rural and farming families often have working dogs, horses, or livestock that are both cherished and part of the property or a business. These animals can raise a mix of considerations — the emotional attachment that applies to any pet, alongside their value as assets or income-producing property. A working sheepdog integral to running a farm, or a herd that forms part of a family business, may be assessed differently from a household cat. Where animals straddle the line between companion and commercial asset, it's especially important to be clear about which lens applies, and mediation gives you room to reach a sensible, tailored outcome rather than a blunt allocation. See what's included in the asset pool →

Practical tips

  • Keep records of who paid for and cared for the pet — vet bills, registration, food.
  • Register and microchip details matter and should be kept up to date.
  • Think about the animal's wellbeing, not just winning — stability matters to pets too.
  • Agree early — the sooner you settle it, the less distress for everyone, pet included.

Questions & answers

Frequently asked questions

Who gets the pet after separation in Australia?+

Traditionally pets were treated as property in the settlement, but recent Family Law Act reforms require courts to consider factors like who cares for the animal and any family violence.

Are pets treated as property in Australian family law?+

Historically yes, but reforms now recognise companion animals as more than ordinary property, directing courts to consider specific factors about the animal and the people involved.

Can you get shared custody of a pet?+

A court generally won't order shared 'custody' of a pet, but separating couples can agree any arrangement they both want, including shared time — best reached through mediation.

Does family violence affect who keeps the pet?+

Yes. The reforms specifically allow consideration of family violence involving an animal, recognising that threats to a pet can be a form of coercive control.

How can I resolve a dispute over our pet?+

Mediation is ideal — it lets you agree a humane, flexible arrangement for the animal that reflects your circumstances, faster and more kindly than a court fight.

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