We understand that for many, the family pet is considered an important and beloved part of the family. When relationships break down, deciding who keeps the family pet can quickly become emotional and complex.
In June 2025, significant changes were made to the Family Law Act 1975 (Cth), including the creation of a legal framework for how the Court decides what happens to pets after the breakdown of a marriage or de facto relationship. Those amendments classify pets (referred to under the law as “companion animals”) as a special category of property, and set out a list of specific factors for the court to consider when deciding what orders to make in relation to pets following a separation.
The inclusion of pets as a special category of property under the amendments acknowledges the special place that pets hold within many Australian families, as well as recognising the importance of addressing the evolving nature of family violence within our community, and that unfortunately, that violence can sometimes manifest in the form of threats to remove or harm a family pet.
They are often closely tied to broader property settlements. While the law does not formally recognise “custody” of pets in the same way as children, practical arrangements can still be negotiated to reflect the needs of both parties and the pet.
If you are considering a separation and what arrangements to put in place for your pet, obtaining legal advice at an early stage can help you understand your options and help achieve the best outcome for you and your beloved furry friend.
If your matter is in Court, there are only three outcomes that the Court can order:
Importantly, the Court can only make an order for one person to have ownership of the pet. The Court cannot make orders for “shared custody” style arrangements for pets, even if this is by consent.
However, if there is agreement to sharing the future care of a pet, this is something that can be negotiated outside of Court.
In determining what orders (if any) to make in relation to the ownership of a pet, The Court considers a range of factors, including:
common questions
In considering the factors set out above, relevant information may include:
Generally speaking, no. The same considerations regarding ownership of a pet after separation apply regardless of whether you were in a de facto relationship or married.
However, it is important to note that if your relationship does not meet the requirements to be considered a de facto relationship under the Family Law Act 1975 (Cth), then you may not be able to bring an application to the family law courts in relation to your pet, and you may have to consider other options, including negotiations, or proceedings in another Court, such as the Local Court of NSW. If that’s the case, then different considerations will apply.
If you’re unsure about your relationship and what will happen to your pet, contact us here.
The Court can only make an order for one person to have ownership of the pet. The Court cannot make orders for “shared custody” style arrangements for pets, even if this is what both parties want.
However, that doesn’t prevent you and your former partner from reaching a private agreement outside of Court to share the care of your pet. This is something that we can assist with negotiating as part of the overall process of separation.
If you’re considering whether a shared care arrangement can work for you, contact us to discuss your situation and understand your options.
No. In NSW all pet dogs and cats need to be registered with the NSW Pet Registry, and you must be at least 18 years old to be the registered owner.
If your child is over the age of 18, then you may be able to request an order for the transfer of your pet to them, provided that they agree. However, if there is a dispute between you and your former partner regarding the ownership and arrangements for your pet, it is important you seek legal advice prior to taking any steps regarding the ownership of your pet.
No. Although the Family Law Act 1975 (Cth) has created a special category of property to address how the Court makes decisions in relation to pets, they remain property at law, and the considerations and kinds of orders available are very different to how the court decides what arrangements to order in relation to children.
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