Fur Babies: Who gets the pets.
Updated: 4 days ago
Pets, Separation and Family Law in Australia
When relationships come to an end, couples are often faced with the difficult task of dividing their lives and deciding what happens next.
Many belongings can be replaced. Music is streamed, television shows are available on demand, and a lot of household items can usually be bought again. Furniture, cars and other assets generally have a financial value that can be assessed and negotiated.
But family pets are different.
For many people, a dog or cat is far more than just another possession. Fur babies offer companionship, comfort and a sense of stability. They become part of our daily routines and, in many households, they are considered valued members of the family.
So when a relationship breaks down, one of the most emotional questions can be: who gets the pet?
A Common Issue for Australian Families
Australia has long been a nation of pet lovers, with companion animals living in millions of homes across the country.
At the same time, relationship breakdowns remain a reality for many couples. As a result, disputes about pets are becoming increasingly common during separation and divorce.
Unlike arrangements for children, however, the legal treatment of pets has traditionally been very different.
How the Law Has Evolved
For many years, Australian courts generally treated pets as property when determining family law disputes. If an agreement could not be reached, a pet would often be considered as nothing more than an asset when deciding a property settlement.
The court might consider issues such as:
Who acquired the pet.
Who paid for its care and upkeep.
Who arranged registration or microchipping.
Who has been primarily responsible for the animal's day-to-day care.
While these factors remain relevant, the law has begun to better recognise the special role companion animals play in family life.
Recent amendments to the Family Law Act have introduced specific provisions relating to companion animals. Courts may now consider matters such as the care provided to the animal, the relationship each person has with the pet, and issues affecting the animal's welfare and wellbeing.
This reflects a broader community understanding that pets occupy a unique place within many families.
Pets and Children
In some cases, pets are particularly important to children following a separation.
A familiar animal can provide comfort and continuity during what is often a challenging period of adjustment. For this reason, the presence of a family pet may sometimes be relevant when considering arrangements involving children.
Families often recognise this naturally and make arrangements that allow children to maintain a connection with a beloved pet wherever possible.
The Value of Reaching Agreement
While the court now recognises peoples connection to their pets, court proceedings are rarely the ideal way to determine what happens to your fur babies.
The best outcomes are often achieved through discussion, negotiation or mediation.
These processes give separating couples the flexibility to consider matters that are important to them, including:
The pet's daily routine and needs.
Living arrangements after separation.
Work schedules and availability.
The emotional bond between the pet and each family member.
Ongoing costs and responsibilities.
Most importantly, they allow people to focus on practical solutions that support the welfare of the animal and the needs of everyone involved.
Moving Forward
Separation is never easy, and decisions about pets can be surprisingly emotional. Which
is often a reflection of how much they mean to us.
While the law is increasingly recognising the importance of companion animals, the most positive outcomes usually come from cooperation rather than conflict. Where possible, approaching the issue with patience, empathy and a focus on the pet's wellbeing can help families move forward in a way that feels fair and respectful to everyone involved.
After all, while relationships may change, the love and care we have for our pets often remains the same.
This article contains general information and is not a substitute for legal advice about individual circumstances.
Susan Hewitt is the Principal at Bright Side Family Law, a non-litigious family law and mediation practice. Susan has worked as a lawyer and journalist for almost 30 years. She is an accredited collaborative lawyer and family-law mediator who is committed to helping families through their relationship breakdown in an honest, cooperative and respectful manner.
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