Who keeps the dog? Pets and Separation
- jcraigmckay
- Jul 17
- 2 min read
Navigating Pet Ownership in Property Settlements
For many families, pets are more than just property—they are beloved companions and members of the family. However, when relationships break down, the question of “who gets the dog (or cat, or bird)?” can become a significant and emotional issue. Recent changes in Australian family law have clarified how pets are treated in matrimonial and de facto property settlements. This article explains what you need to know if you are facing this situation in Australia.
The Legal Status of Pets in Property Settlements
Historically, pets were treated as property—no different from a car or a piece of furniture. The Family Law Act 1975 (Cth) did not distinguish between pets and other assets. However, growing recognition of the unique role pets play in families has led to reforms.
From 10 June 2025, the law now provides:
Pets are still technically property, but courts are required to consider the “best interests of the animal” and the relationship between the pet and each party.
The court may make specific orders about pet ownership, care, and even shared arrangements, similar to parenting orders for children (though less formal).
Key Factors the Court Will Consider in Pets and Separation
When determining who keeps the family pet, the court may consider:
Who purchased or adopted the pet? Whose name is on the microchip, registration, or adoption papers?
Who has been the primary caregiver? Who feeds, walks, and takes the pet to the vet?
Who has the financial means and suitable accommodation to care for the pet?
The welfare and best interests of the animal. For example, if the pet is bonded to children, the court may prefer the pet to remain with the children’s primary carer.
Any history of animal cruelty or neglect.
Practical Tips for Clients for Pets and Separation
Negotiate Early: Discuss pet arrangements as soon as possible. Mediation can be effective.
Document Care: Keep records of who pays for and cares for the pet.
Consider the Pet’s Welfare: Focus on what is best for the animal, not just ownership rights.
Include Pets in Binding Financial Agreements: Parties can agree in writing about pet ownership, which can be formalised in consent orders.
Example Scenarios of Pets and Separation
Scenario 1: The family dog is registered in both parties’ names, but one party has always been the primary carer. The court is likely to award the dog to the primary carer, especially if the dog is attached to that person or the children.
Scenario 2: The cat is bonded to the children, who live primarily with one parent. The court may order the cat to remain with the children.
Scenario 3: Both parties want the pet, but one party is moving to accommodation that does not allow animals. The court will consider the practicality and welfare of the pet.
Conclusion
The treatment of pets in property settlements is evolving. If you are going through a separation you can book a complimentary no-obligation telephone discussion about your circumstances and options with Craig today.
This article is for general information only and is not a substitute for legal advice. For advice specific to your situation, please contact our office.
