Articles

06 June 2025

Who gets to keep the dog?

Peta Krarup

Disputes Over Pet Ownership in Separation My former spouse and I cannot agree on who gets to keep our pet dog. How does the Court determine which one of us gets to keep him? Changing Legal Landscape: Pets in Property Settlements Pets have generally fallen within the definition of “property” under the Family Law Act however, the Family Law Amendment Act 2024 has changed the way that pets are treated by the Court in property settlements in Australia. These changes will be effective from June 2025. Recognising the Emotional Bond Between Owners and Pets A long-term criticism of the way pets are dealt with in property settlements is that there was no consideration of the close emotional bond that pets and their owners/families have. The recent amendments to the legislation have recognised the special bond between pets and their owners: By recognising pets as “companion animals” and their significance within a family or a couple. The amendments specifically exclude support and assistance animals within the meaning of the Disability Discrimination Act 1992; and The Court must now consider specific factors when deciding which party should retain ownership of a pet. These include:- Who has ownership and/or possession of the pet, and the circumstances in which the pet came into the relationship or one party’s ownership. Whether the pet was a gift for a party or a child of the relationship.   Which party cared for and paid for the maintenance of the pet. This includes things like taking the animal to pet visits and grooming appointments. Any family violence to which one party has subjected or exposed the other party, and any history of abuse or threatened abuse of the pet by a party. This consideration, in part, recognises that parties subjected to family violence may be reluctant to end relationships due to the concern of welfare of their pets. The nature of the relationship between a child of the relationship and the companion animal. No Joint Ownership Orders Allowed Perhaps most importantly, the amendments to the legislation specifically state that an order for joint ownership of a pet will not be permitted. The aim of this is to avoid any further disputes arising in the future if ownership remains shared. Exceptions:  When Pets Are Considered Assets There are exceptions. For example, if an animal has a substantial monetary value as opposed to a pet, or generates an income, the value of the animal will be taken into consideration in an overall property settlement. This can include racehorses, cattle or pedigree dogs and cats. Alternatives to Court:  Mediation and Expert Involvement Court litigation is expensive, and there are inevitable delays associated with court proceedings. Often, the sentimental value of a pet significantly outweighs their monetary value. Options to try and resolve pet ownership could include mediation or arbitration. Parties may also consider whether or not they engage an animal behaviouralist (that is, an expert in pet behaviour) to prepare a report about which party would be best placed to retain the pet.   Seeking Legal Advice If you and your former spouse cannot agree on who will retain ownership of your pet (or pets), we strongly recommend that you obtain legal advice to discuss your options, and your rights in relation to your overall property settlement. Contact our office to make an appointment with one of our solicitors to discuss your circumstances and obtain advice on your situation on (07) 4963 2000 or through our online contact form below.