Who Gets to Keep the Family Pet in a Divorce?

Divorce is never easy, and when pets are involved, things can get even more complicated. In Australia, family pets are traditionally treated as property in divorce proceedings, but recent legal changes reflect a shift in attitudes. If you’re separating and wondering who gets to keep the family pet, here’s what you need to know about family law and the Family Law Amendment Bill 2024

How Are Pets Treated in a Divorce?

Under Australian law, pets have historically been considered property, just like furniture or cars. However, courts often take into account several factors when determining who keeps the pet, including:

• Who purchased or adopted the pet – The person who originally acquired the pet may have a stronger legal claim.
• Who is the primary caregiver – The court may consider who feeds, exercises, and generally cares for the pet.
• Financial responsibility – Vet bills, food, insurance, and other expenses can be used as evidence of ownership.
• Whose name is on the pet’s registration or microchip – This can serve as proof of ownership.

In the past, these factors were considered in property settlements, meaning a pet’s best interests were not necessarily prioritised. But with growing recognition of the emotional bond between owners and pets, the law is changing.

How the Family Law Amendment Bill 2024 Impacts Pet Custody

The Family Law Amendment Bill 2024, passed in December 2024, introduces key changes to how pets are treated in divorce proceedings:

• Pets Are More Than Just Property – The Bill acknowledges that pets have emotional significance and should not be treated like furniture in divorce settlements.
• Family Violence Considerations – Courts must now consider whether family violence has impacted the ability of one party to care for a pet, ensuring pets are not used as a tool of coercion or control.
• Clearer Decision-Making Framework – The new legislation provides clearer guidelines for courts to determine who should keep the pet, making decisions more predictable and fair.

These changes come into effect on 10 June 2025 and aim to better protect the interests of both pet owners and their beloved animals.

What Should You Do If You’re Separating With a Pet?

If you’re going through a separation or divorce and want to ensure the best outcome for your pet, consider the following steps:

• Create a Pet Agreement – Just like a prenuptial agreement, couples can create a written agreement about pet ownership and responsibilities before separation occurs.
• Keep Records – Maintain records of expenses, registration details, and evidence of caregiving to support your case.
• Seek Legal Advice – Consulting with a specialist family law firm can help you navigate pet custody disputes and ensure the best possible outcome for you and your pet.

Need Legal Advice on Pet Custody in a Divorce?

At Hulse Family Law we specialise in family law and understand how important pets are to families. If you’re facing a divorce and want to protect your rights as a pet owner, our experienced lawyers are here to help.

Contact us today for expert legal advice on pet custody in divorce cases.