Who gets the dog? Breakups & pet custody laws in Australia

Under Australia’s updated Family Law Amendment Act 2024, pets are no longer treated as just property in divorce and separation cases.

Speaking on ABC Radio Canberra’s Afternoons program, our Canberra Practice Leader, Adrian Curtis, spoke to Alison Matthews on the ABC radio the significance of this shift and how courts will now determine pet custody.

People who were going through a breakup, separation, or divorce often asked, “who gets the dog?” and previous legal advice was usually to include them in Binding Financial Agreements (BFAs) or prenuptial agreements.

That’s because previously, pets were handled like furniture or cars during property settlements. This often overlooks the emotional connection between pets and their owners. But under the new legislation, which came into effect on June 10, 2025, pets are formally recognised as “companion animals,” placing more emphasis on their welfare and relationships within the family.

Who gets the dog? Pet custody laws in Australia

Adrian outlined several key factors that courts will now consider when deciding who gets the pet:

• Who has been primarily responsible for the pet’s day-to-day care?
• Who takes the pet to the vet and pays for medical costs?
• Which party has the stronger emotional bond with the animal?
• Which home provides the better environment for the pet’s well-being?
• Whether there’s any history of abuse or neglect.

These considerations are designed to prioritise the best interests of the animal, rather than simply awarding ownership to the person who bought or registered the pet.

Adrian encouraged separating couples to gather evidence of their involvement in the pet’s care—such as vet receipts, photos, or routine schedules—and, where possible, to resolve pet custody arrangements amicably.

This amendment reflects a growing awareness in Australian society of the importance of pets in family life. By treating pets with more dignity in legal proceedings, the law now recognises the deep emotional bonds they often share with their owners.

To hear the full segment, listen to ABC Radio Canberra Afternoons here.