Who Gets the Pet in a Separation?

When couples separate, disputes are not always about houses or money. Increasingly, clients ask family lawyers one emotional question: who gets the pet?

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For many years, Australian courts treated pets as ordinary property. Legally, a dog or cat was no different from a car or a couch. However, major reforms introduced by the Family Law Amendment Act 2024, effective from 10 June 2025, have changed how pets are considered in family law property settlements across Australia.

At Surge Legal, our Sydney family lawyers are already advising clients on how these new laws apply in real separation disputes involving companion animals.

Pets Are Now Recognised as “Companion Animals”

Under updates to the Family Law Act 1975, pets are now described as “companion animals.” This reflects modern community expectations that pets are part of the family unit rather than simply financial assets.

While pets still form part of property proceedings, the Court now has clearer authority to consider caregiving arrangements, emotional attachment, and the welfare of the animal when deciding ownership after separation.

What Does the Court Consider When Deciding Who Keeps the Pet?

Under sections 79(7) (married couples) and 90SM(7) (de facto couples), the Court evaluates several practical factors:

• Ownership and acquisition — who purchased or adopted the pet and whose name appears on registration or microchip records.

• Primary caregiving — who fed, exercised, trained, and cared for the animal day-to-day.

• Financial responsibility — payment of veterinary costs, insurance, food, and grooming.

• Emotional connection — the bond between the pet, each party, and any children.

• Family violence considerations — including animal cruelty or use of a pet in coercive control.

• Future living arrangements — who has the time, housing, and stability to care for the pet long-term.

These factors mean the outcome often depends on practical evidence rather than who simply claims ownership.

Is Shared Custody of a Pet Possible in Australia?

A common misconception is that courts will order shared care arrangements similar to parenting orders for children.

Under sections 79(6) and 90SM(6), the Court cannot order shared custody of a pet. Instead, it may:

• award sole ownership to one party,

• transfer ownership to a consenting third party, or

• order sale of the animal (rare and usually avoided).

Couples who want shared arrangements must reach a private agreement, often documented as a Pet Parenting Agreement negotiated between lawyers.

Example: How the New Pet Laws Work in Practice

Imagine a couple in Parramatta, Sydney separating 5 years after adopting a Cavoodle during their relationship. Although both partners contributed financially, one worked from home, attended vet appointments, organised training, and cared for the dog daily. The children also primarily lived with that parent post-separation.

Under the new legal framework, the Court is likely to award ownership to the primary caregiver because this arrangement best reflects the pet’s established routine and welfare.

How to Strengthen Your Claim to Keep Your Pet

If separation is likely, practical evidence matters:

• Keep veterinary receipts and registration documents

• Ensure microchip and council records are accurate

• Retain photos, training certificates, and proof of daily care

Speak to Our Experienced Sydney Family Lawyers About Pet Disputes

The recent family law reforms mean pet disputes are now more nuanced than ever. At Surge Legal, we help clients across Sydney and NSW resolve pet ownership disputes strategically and compassionately, whether through negotiation or court proceedings.

If you are separating and worried about who keeps your pet, early legal advice can make a significant difference. Visit our dedicated family law page to see what other assistance we provide as part of our family law services.