Paws and partings: How to handle pet custody after a breakup April 23, 2025

When a relationship ends, making arrangements for pets requires special consideration and careful management

Many people have special bonds with their pets. So, when a relationship ends, it makes sense that pet arrangements require special consideration. The Australian Government flagged the importance of these issues when, in August 2024, it announced its intention to change family laws relating to pets (or companion animals). 

Let’s look at how to navigate Australian family laws and find a path to agreement. 

What does family law say about pet custody after a breakup?

Australian family laws treat pets as property, which is often a surprise for separated couples trying to make pet arrangements. 

It means there are no laws or guidelines for pet custody and no legal framework for visitation or financial support, unlike what you may expect for parenting arrangements and children. It’s rare for a court to make decisions or orders about pet custody, and in most cases, it won’t take into account any emotional attachment to a pet. 

Instead, any pet arrangements become part of the property settlement process in a similar way that other assets and personal items are handled under family laws. The one difference is that, unlike assets and other personal items that can be valued, no financial value is applied to a pet. This is because pets are defined as companion animals and are treated differently from other animals used to generate income as part of a business, such as racehorses or farm animals. 

It means that the separated couple can either reach a private agreement about pet arrangements or ask a court to make a property settlement if they can’t agree.

What’s involved in reaching a private agreement for pet custody?

 If you and your former partner are on good terms, it’s possible to agree on arrangements for your pet without getting anyone else involved, including your lawyers. It’s up to you to make arrangements that suit your situation.  

However, many separating couples seek legal help, especially if it’s difficult to negotiate an arrangement or reach an agreement. 

In these circumstances, you could consider negotiation or mediation. For example:

• Negotiating an agreement with your former partner through your lawyers, or
• Taking part in a mediation to find a solution with the help of an independent mediator (and your lawyers).

Sometimes, the parties will enter into a binding financial agreement (BFA) to reflect the agreement reached at mediation.

BFAs are legally binding agreements that say what will happen to finances and property (including any debts).  

A BFA can be made at any time before, during or after a marriage or de facto relationship and up until 12 months after a couple formally divorces. When a BFA is made before marriage or before a couple moves in together, it’s often called a pre-nuptial agreement or “prenup”.

There are strict rules for making a BFA, including requiring each party to get independent legal advice to understand how it will affect them. 

BFAs are private contracts, so usually, the parties can’t ask the Family Court to decide any issues in dispute at the end of the relationship, where the BFA covers those issues. 

Because pets are considered property, you can make arrangements for them in a BFA. This gives clarity about details such as shared care, costs and visitation. However, it will require you to think ahead and predict your pet’s needs. For example, if the relationship ends after a long time, the arrangements made in the BFA may no longer be in everyone’s best interests (including the pet’s).

Should I go to court to sort out pet custody after a breakup?

If you can’t reach an agreement with your former partner, you may need to ask a court to make property settlement orders that include pet arrangements. This is a serious step because a court’s decision is usually legally binding, but it may not be what you were seeking. Often, going to court involves lawyers, so the cost is also a significant consideration. 

A court will make orders that end the financial relationship between you and your former partner, so, often, a property settlement will be detailed, dealing with all finances, assets and debts.

What will a court consider when making orders for pet custody after a breakup?

When a court considers property settlement orders, it uses discretion to decide on the best arrangement. This also applies to pet arrangements. 

It will undertake a four-step process:

1. Identify and value the property of the relationship, including assets, money and debts. (Remember that domestic pets aren’t usually given a financial value, but valuations may apply to other animals in a business, such as livestock)
2. Consider how each party has contributed property, finances and debts to the relationship’s property pool
3. Consider each party’s possible future needs
4. Consider whether the settlement will be fair for both parties.

When a court considers the contributions in step 2, it may look at a range of factors, including: 

• Who bought the pet
• Whether the pet was a gift and which partner received it as a gift 
• Whether one party owned the pet before the relationship started
• Whether the pet was registered and in whose name
• Who paid the pet’s expenses, including vet bills
• Who usually took care of the pet’s basic needs, such as food, exercise and bathing 
• Whether there are any agreements, such as BFAs, that say who owns the pet and what arrangements have been made
• The relationship each party has with the pet
• The relationship any children have with the pet and any parenting arrangements that may affect the children’s contact with the pet.

A court will also consider what has happened since you and your former partner separated, for example: 

• Who the pet has lived with since separation
• Who has paid for the pet’s care since separation
• Each party’s ability to look after the pet, including work commitments and financial ability
• Each party’s living arrangements and whether the arrangements are suitable for the pet
• The impact of the court’s decision on both parties and any children, especially if there’s a significant emotional attachment to the pet. 

If communication has completely broken down with your former partner, a court may limit your contact with them by awarding pet custody to one party with no rights to the other (especially if there are no children to consider). This can sometimes add an extra layer of stress and difficulty. 

For future needs in step 3, a court will consider factors including whether the pet meets the special needs of one party or a child of the relationship, for example, a seeing-eye dog, seizure response dog, or psychological service animal. 

What are the other considerations for children when making pet arrangements?

A court may look at whether it’s in the best interests of a child to make an order about pet arrangements in a certain way. However, this would rarely happen without special needs, such as a pet being a service animal.

Also, even if a pet is gifted to a child, the child may not be the legal owner. Some local government areas in Victoria don’t allow a person under the age of 18 to be the legal owner of a dog. In this case, the parent or guardian would be the legal owner, so it’s an important reminder to consider how pet arrangements will meet your child’s needs. For example, they may need to reflect the parenting arrangements so the pet can stay with the child, regardless of which parent the child is spending time with.

What are the considerations for pet arrangements in situations of family violence? 

In August 2024, when the Federal Government announced its intention to introduce family laws concerning pets, it flagged a significant family violence issue: pets are sometimes used to manipulate people (often women) trying to escape violent partners. One example is a threat to kill the pet if the partner leaves the relationship. 

The Australian Attorney-General said: 

“It is a terrible reality that pets are too often used and abused in cycles of family violence.

“ … the court will be able to consider factors such as any history of family violence during the relationship, the extent to which each party has cared for the animal, any history of cruelty to the pet by a party, and the relationships of a party or a child with the pet. This will help recognise pets as a unique type of property that deserves special considerations.”

While Australian family laws will continue to treat pets as property, the proposed amendments will allow a court to order that only one party can own the pet, taking into account these extended factors. 

What are some other considerations about pet custody after a breakup?

There are less common concerns when making pet arrangements, some of which won’t play a part in legal considerations. But even so, they may be important for the wellbeing of the pet or the family (or both). For example:

• What arrangements are in the pet’s best interests?
• What happens if one party can no longer care for the pet, or if circumstances change?
• Do one or both parties wish to have ongoing involvement in the pet’s care?
• How will you take care of the pet’s emotional needs, especially to reduce the impact of the change in circumstances?
• What arrangements will help maintain a consistent routine for the pet?
• Does the pet have any health or medical issues that need special consideration and budgeting?
• Is one party better able to manage the pet’s behavioural needs?
• How will the arrangements cater to the pet’s socialisation needs, for example, interacting with other dogs at the dog park?
• Is the pet very old or very young, and how does that impact arrangements for its care?
• If the pet is to be separated from other pets, how will that impact all animals involved?

It’s worth considering these questions to ensure the pet’s needs are met when making arrangements.

The final word

Pet custody after a breakup is often challenging to manage and negotiate. It reflects the important role of pets, especially the emotional support they offer. It’s possible to make arrangements without significant legal intervention, but if you do need help, remember that a court can only treat the pet as part of the property of the relationship. 

We recommend seeking the help of a family lawyer to navigate your way to a solution that works for you, your children, and your pet.   

Contact our family law team today to learn more about negotiating pet custody after a breakup.