Who Gets the Pet After Separation? What the New Family Law Changes Mean for Pet Owners.

For many Australians, pets are more than just animals, they’re family.

When a relationship breaks down, deciding who keeps the dog, cat, or other beloved companion animal can become one of the most emotionally charged issues separating couples face.

Recent amendments to the Family Law Act have introduced specific provisions dealing with companion animals, and a recent court decision has provided important guidance on how these disputes will be handled moving forward.

Historically, pets were treated much like any other item of property during a property settlement. While they technically remain property under Australian law, recent reforms recognise that companion animals occupy a unique place within families.

The Court can now consider factors beyond simple ownership records when determining who should retain a pet following separation.

These factors include:

  • How and when the animal was acquired
  • Who primarily cared for the animal
  • Who paid for the animal’s upkeep and veterinary expenses
  • The attachment between the animal and family members
  • Each party’s future ability to care for the pet

What Happened in Wright & Berger?

In a recent case involving a 16-year-old family dog, both parties shared a strong emotional attachment to the animal.

While ownership itself was not heavily disputed, one party sought arrangements that would allow the dog to move between households alongside the parties’ child.

The Court ultimately rejected that proposal.

What This Means for Pet Owners

The decision confirms that while courts recognise the emotional significance of pets, they will not treat companion animals in the same way they treat children.

The focus remains on determining ownership and bringing finality to property disputes.

For separating couples, this means it is important to seek advice early and understand what options are available before disputes escalate.

If you’re navigating a separation and concerned about what may happen to your pet, obtaining legal advice can help you understand your rights and options before formal proceedings begin.