Important Note: This article provides general information only and is not a substitute for legal advice about your circumstances. Family law matters can vary depending on the facts of each case, so you should seek independent legal advice before making decisions about your rights or legal options.

For separating couples, deciding what happens to a much-loved pet can be one of the more difficult aspects of ending a relationship. Companion animals can be closely connected to the family, and disagreements about who keeps a pet can become particularly difficult when children are also attached to the animal.

So, what happens to pets during a divorce in Australia? Changes to the Family Law Act 1975 that took effect on 10 June 2025 introduced specific provisions dealing with companion animals in property settlement proceedings. These provisions give the court a framework for considering matters such as who acquired the animal, who has cared for it, and the relationship between the animal and members of the family.

Quick Overview: Pets and Divorce in Australia

Companion animals are dealt with as part of property settlement proceedings rather than under the parenting framework that applies to children.

When determining what should happen to a companion animal, the court is required to consider relevant factors, including:

• how and when the animal was acquired
• the ownership and possession of the animal
• who has cared for and maintained the animal
• each party’s ability to continue caring for the animal
• the relationship between the animal and either party
• the relationship between the animal and any children of the relationship
• any history of cruelty or abuse involving the animal
• any family violence involving the animal or a party to the proceedings.

The orders available to the court concerning companion animals are limited by the legislation. Parties who reach their own agreement may therefore be able to make arrangements that go beyond the orders a court can make.

Companion Animals Under Australian Family Law

The 2025 amendments to the Family Law Act 1975 introduced specific provisions for companion animals in property settlement proceedings.

A companion animal is treated differently from a child under Australian family law. The parenting provisions dealing with parental responsibility and arrangements for children do not apply to pets.

Instead, when a dispute about a companion animal arises, it is considered within the broader context of property settlement proceedings. The court can make orders concerning the animal in accordance with the specific provisions that apply to companion animals.

Factors That May Affect Who Keeps the Pet

If you and your former partner cannot agree about a companion animal, the court can consider a range of circumstances when determining what orders to make.

• Acquisition and ownership

The court may consider when and how the animal was acquired, including whether it was purchased, adopted or otherwise obtained by one or both parties.

• Possession and registration

Records showing who has possession or control of the animal may be relevant. Depending on the circumstances, this could include council registration, microchip records, veterinary records, insurance documents and other evidence connected with the pet.

• Care and maintenance

The court may consider who has been responsible for the animal’s day-to-day care and expenses. This can include feeding, grooming, veterinary treatment and other ongoing responsibilities.

• Future ability to care for the animal

The circumstances of each party may also be relevant to their ability to continue caring for the pet after separation.

• Relationship with the parties and children

The court can consider the nature of the animal’s relationship with either party and with any children of the relationship. A child’s attachment to a pet may therefore form part of the circumstances considered by the court.

• Cruelty, abuse and family violence

Allegations or evidence involving cruelty or abuse towards the animal may be relevant. The court can also consider family violence involving the animal or a party to the proceedings.

No single factor necessarily determines the outcome. The circumstances of the animal, the parties and the broader relationship will need to be considered in the context of the property settlement proceedings.

Reaching an Agreement About the Pet

If you and your former partner can agree about who should keep the pet, you may be able to resolve the issue without asking the court to determine it.

An agreement can address arrangements that are suitable for your particular circumstances, including who will keep the animal and responsibility for ongoing care and expenses. It can also help avoid the additional uncertainty and costs that may arise if the issue becomes part of contested property settlement proceedings.

Depending on the circumstances of your separation, an agreement about the pet may form part of broader negotiations about the division of property and other financial matters.

What the Court Can Order

If the issue cannot be resolved between the parties, the court has specific powers concerning companion animals in property settlement proceedings.

The court may make orders dealing with matters such as ownership or possession of a companion animal. However, the available orders are different from parenting orders made for children.

For example, the legislation does not create a system of shared parenting or shared custody for pets. An arrangement where a pet spends alternate weeks with each former partner may be something parties agree between themselves, but it is not the same as a parenting order for a child.

The court’s powers concerning companion animals are also subject to the broader requirements of property settlement proceedings.

If You Cannot Reach an Agreement

If you and your former partner cannot agree about who should keep the pet, it can help to gather records that establish the animal’s history and the care provided by each party.

Relevant documents may include:

• purchase or adoption records
• council registration
• microchip registration
• veterinary records
• pet insurance documents
• receipts for veterinary treatment and other expenses
• photographs or other records showing care and possession.

Legal advice can also help you understand how the issue may fit within your broader property settlement and what options may be available.

A 2026 Federal Circuit and Family Court of Australia decision involving a dog illustrates how evidence about registration, care, maintenance and the children’s relationship with the animal may be relevant when the court considers a companion animal in property proceedings.

The Bottom Line

The 2025 changes to the Family Law Act 1975 provide a clearer framework for dealing with companion animals in property settlement proceedings. The court may consider factors including acquisition, ownership, possession, care, future ability to care for the animal, the animal’s relationship with the parties and children, and any relevant cruelty, abuse or family violence.

If you and your former partner can reach an agreement, this may allow you to decide what happens to the pet without asking the court to determine the issue. If an agreement cannot be reached, obtaining legal advice can help you understand how the companion animal issue may be addressed as part of your property settlement.

Frequently Asked Questions

Who gets the dog in a divorce in Australia?

There is no automatic rule that gives the dog to one particular party. If the parties cannot agree, the court can consider the circumstances of the companion animal as part of property settlement proceedings.

Does the person who bought the pet automatically keep it?

No. The fact that one person purchased the animal can be relevant, but it is one of the circumstances the court may consider when determining what orders to make.

Does microchip registration determine who keeps a pet?

Microchip registration may provide evidence about the animal’s registration or possession, but it does not necessarily determine the outcome on its own. The court can consider a range of factors relating to the animal and the parties.

Can my children stay with the pet after separation?

Parents can agree on arrangements for children to spend time with a companion animal. However, pets are not subject to the same parenting arrangements as children. If the matter reaches court, the children’s relationship with the animal may be one of the factors considered.

Can a court order shared care of a pet?

The court’s powers concerning companion animals are different from the parenting orders available for children. Parties may agree to shared arrangements themselves, but the court does not treat pets as children for the purpose of shared parenting arrangements.

Speak With Johnsons Law Group About Pets and Property Settlement

If you are separating and cannot agree with your former partner about what should happen to your pet, the issue may need to be considered alongside your broader property settlement. Johnsons Law Group can help you understand your options and how the rules concerning companion animals may apply to your circumstances.

Call 02 9600 7277 or visit our Contact Us page to arrange a confidential consultation.