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.

FAQs

What is the Family Law Amendment Act for pet custody?

The Family Law Amendment Act (the Amendment Act) is new legislation that came into effect in Australia on 10 June 2025. The Amendment Act formally recognises pets as ‘companion animals’ and treats them with more compassion and care as compared to the past when legally they were treated like belongings.

The Court now considers a range of factors when deciding which party should keep a pet, including how the animal was acquired, who currently has possession, who cared for and paid for the pet, any history of abuse against the animal, the children’s (if any) attachment to the pet and even the history of family violence within the relationship. They apply these factors to award one part ownership of the pet.

What qualifies as a companion animal?

A companion animal is defined in the Act as an animal kept by one or both parties of the relationship primarily for companionship. This doesn’t include assistance animals or animals kept as part of a business, for agricultural purposes, or for use in experiments or lab tests.

How does divorce affect pets?

Pets are valuable and loved members of many families. The breakdown of the family unit in the case of a divorce or separation can affect our pets too. They might have to move homes, there might be less time and attention available for them, and they might have to live separately from their bonded family members. This includes the parties to the breakup as well as any children you may share.

How to decide who gets the dog or cat in a breakup?

The Court will take into account a number of key factors when determining who gets the pet in a divorce or separation. These include who does most of the work associated with having a pet, who has the stronger bond (or if there is attachment to a child, then who has custody of the children), how the pet was acquired, if there’s any history of domestic violence or abuse of the pet, and if the party can care for and maintain the animal in the future.

What determines ownership of a dog or cat?

In Australia, we have a number of ways to prove ownership of a pet. These include the animal’s microchip information, registration details, and other sale/transfer documents, e.g., a receipt from a breeder or animal rescue. But the Amendment Act means the courts now also take into consideration other factors, such as who has been caring for and paying for the animal, when deciding who should keep the pet in the event of a relationship breakdown.

Do I have to share my dog or cat with my ex?

The courts will not make orders related to the shared custody of a companion animal. They will simply determine sole ownership of the pet. If the ex-partners are open to sharing the care of the animal, then of course they can make their own private arrangements.

How can I legally get my dog back from my ex?

If you’re going through a separation or divorce and want to claim sole ownership of your pet, your first step should be to attempt to negotiate with your ex. If that fails, your next step should be to collect evidence.

Consider the factors that the courts will take into account, for example, who provided most of the day-to-day care for the dog, who paid their vet bills, and who has the ability to provide the best for them in the future.

Start gathering things like purchase receipts, registration information, vet bills, demonstration of care during the dog’s daily routine, photographs, and more. These things will help you should you decide to take Court action.

Before you can take Court action you will need to follow pre-action procedures and attempt mediation (if you haven’t already and are not exempt). Get in touch with our team, who can help with this process.