While this may feel cold or outdated, the property classification determines how courts approach the division. However, in practice, courts are increasingly sensitive to the emotional significance of pets, even if the law has not yet formally changed its classification.
Factors That Courts Consider in Pet Disputes
Although pets are legally property, courts may consider a range of practical factors when determining which party should keep the animal. These include:
Who is the primary caregiver?Courts often look at who fed, groomed, trained, walked and cared for the pet daily. If one partner was responsible for most of the care, this may weigh in their favour.
Who purchased or adopted the pet?Evidence of ownership—such as adoption papers, veterinary bills or microchip registration—can help establish who the legal owner is.
Where does the pet currently live?Courts may prefer to maintain continuity for the animal, especially if it has been living with one partner during the separation.
Who can provide the most suitable environment?If one person moves into a home with a backyard, whereas the other moves into an apartment with restrictions on pets, the court may consider which living environment is more appropriate.
The presence of childrenIf children have a strong bond with the pet, courts may prioritise keeping the animal with the parent who has primary care of the children. Pets can provide emotional comfort and stability during family transitions.
Why Shared Pet Custody Isn’t Legally Binding
Many couples agree informally to “share custody” of a pet—alternating weeks or splitting care responsibilities. While this may work voluntarily, shared pet arrangements are not recognised or enforceable in the same way as parenting orders.
Because pets are treated as property, the court cannot issue shared custody orders. However, couples are free to create private agreements or include pet arrangements in Binding Financial Agreements (BFAs) to make the agreement legally enforceable.
How to Reach an Agreement About Pets Without Court
Going to court over a pet can be expensive and emotionally draining. Most separating couples are encouraged to resolve pet disputes through:
Mediation: A neutral mediator can help both parties reach an agreement that considers both legal and emotional factors. Mediation is often quicker and far more cost-effective than litigation.
Negotiation through solicitors: Family lawyers can help you negotiate a fair arrangement and document it properly, ensuring clarity and avoiding future disputes.
Binding Financial Agreements: A BFA can include provisions outlining who keeps the pet and who bears ongoing expenses such as vet costs, food and insurance. These agreements are legally binding and enforceable.
Protecting Your Pet’s Welfare During a Dispute
It’s important to prioritise the wellbeing of your animal during a separation. Some tips include:
Keep pets away from conflict to reduce stress.
Maintain routine as much as possible—consistent feeding and walking times.
Update microchip and registration details to avoid confusion or disputes.
Keep detailed receipts and records of expenses, which may support your claim if disputes escalate.
If there are concerns about your pet’s safety—such as threats, neglect or domestic violence—you should seek urgent legal advice. Pets can sometimes be used as tools of control in abusive relationships, and there are legal protections available.
Is Australia Moving Toward a New Approach to Pet Custody?
Internationally, several places—including parts of the United States and Spain—have begun treating pets more like family members. These jurisdictions consider the animal’s welfare as a primary factor, rather than simply treating them as property.
While Australia has not yet formally changed its laws, there is growing public pressure for reform. Courts already show a willingness to look beyond strict ownership and consider practical caregiving factors. This suggests that future family law reforms may introduce clearer guidance around pet welfare.
