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.
Worried about what happens to your pet? We'll help you reach a humane arrangement. Book a consultation.
Book a free consultation →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.
| Question | Position 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 →
Want to keep sharing time with a pet you both love? We'll help you agree an arrangement that works. Book a consultation.
Book a free consultation →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.
Your pet is family. Resolve it humanely through mediation rather than a court fight. Talk to us today.
Book a free consultation →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.