Who Gets the Pet in a Divorce? The Family Law Act 1975 (Cth)

Following the recent amendments to the Family Law Act 1975 (Cth) on 10 June 2025, separating couples in Australia will be seeing a significant change in how the law treats disputes over pets. The Family Law Amendment Act 2024 introduces a more compassionate and thoughtful approach, one that formally recognises pets as companion animals.

This shift brings a sense of relief for many who see their pets as family, not furniture. So, what does this mean if you’re separating and unsure who will keep the beloved dog, cat, or other pet?

Read more about the recent amendments to the Family Law Act 1975 (Cth) on 10 June 2025.

Pets Are Now Recognised in the Family Law Act 1975 

Previously, pets were not recognised in the Family Law Act 1975 (Cth), meaning any agreement reached between couples also could not be recognised formally or legally enforced by way of Court Orders. Disputes also often came down to who paid the pet’s expense, whose name was on the ownership documents, and whose possession the pet was in. This changed from 10 June 2025.

Under the new framework, the Federal Circuit and Family Court of Australia can now make interim and final orders about a pet, including orders by consent. The Court will also consider a broad range of factors when deciding who retains care of the pet, including:

• Who acquired the pet and under what circumstances
• Which party currently has the animal
• Who has been primarily responsible for feeding, walking, and caring for the pet
• Any history of family violence
• Any history of cruelty or abuse to the pet
• The bond between the pet and any children or party
• Each person’s future ability to care for the pet

What About Shared Care?

The recent amendments do not  allow for court-ordered shared care of pets. While that might feel disappointing to some, this amendment is designed to reduce conflict between parties and protect people from the misuse of shared care arrangements, particularly in cases where family violence has occurred.

That said, couples can still privately agree to share care of their pet. This could include scheduled handovers, shared expenses, or visitation plans. These types of agreements can work well when both people are on good terms and genuinely prioritise the pet’s wellbeing.

Including Pets in Your Property Settlement

Pet arrangements can be included in your broader property settlement. If you are negotiating a binding financial agreement or consent orders, it is worth discussing what happens to the family pet and getting this agreement in writing.

This change to the Family Law Act 1975 (Cth) family law sends a clear message: pets matter. Even though pets will not be treated like children in the Family Law Act 1975 (Cth), the amendments now recognises the deep emotional connection between pets and their owners, and the court has the power to make more nuanced decisions when needed.

Need Support Navigating Pet Arrangements?

At De Saxe O’Neill Family Lawyers, we understand how emotionally important pets are during a separation. Whether you’re looking to include pet care in your property settlement or want help negotiating an agreement, we’re here to support you, every step of the way.

Learn more about how our Family Lawyers on the Northern Beaches can guide you through these changes with clarity and care.