When a couple breaks up, it’s not just property and finances that need sorting. One emotional issue that often causes disagreement is pets and separation.
Many people see pets as family, but under Australian law, they’re not treated like children. So, who gets to keep the pet? The answer depends on a few key legal points.
This article explains what family law says about pets and separation, how decisions are made, and what you can do to protect your relationship with your pet if you separate from your partner.
Are Pets Treated Like Children Or Property During A Separation In Australia?
Under the Family Law Act in Australia, pets are treated as property, not like children. That means the courts do not make parenting orders for animals the way they do for kids.
Even though most people view their dog or cat as part of the family, the law looks at pets and separation differently. Pets are grouped with things like cars, furniture, and other belongings.
They’re part of the property pool and dealt with during a property settlement.
The court won’t consider what is “best for the pet” the way it does with children. It will look at legal ownership and contributions made during the relationship.
This can feel harsh, especially if both people have formed a strong bond with the animal. But understanding that pets are seen as property helps explain how decisions are made.
Who Legally Gets To Keep The Pet After A Breakup Or Divorce?
When dealing with pets and separation, legal ownership plays a big role. If one person bought the pet before the relationship, they might be seen as the legal owner.
But if the pet was bought together or during the relationship, things can get more complex.
Courts may look at the following:
- Who paid for the pet
- Whose name is on the microchip, vet records, or council registration
- Who mainly cared for the pet, including feeding, walking, or taking them to the vet
- Who paid for ongoing expenses like food, grooming, or medical treatment
It’s not just about money. Showing who took day-to-day responsibility matters. The more you can prove you played a key role in the pet’s life, the better your case if there’s a dispute.
Read also: When Separating, What Are My Rights Under Australian Family Law?
Can We Share Custody Of A Pet After Separation?
Some couples agree to share time with their pet after separating. This is usually done through a private or informal agreement.
It might involve the dog staying with one person during the week and the other on weekends.
While these arrangements can work if both people get along, they are not legally binding. The court won’t enforce shared custody for pets the way it does for children.
If you’re thinking about this option during a pets and separation situation, it’s a good idea to write down the agreement, including who pays for vet bills and who picks up the pet when.
This can help avoid confusion or conflict later.
But remember, if one person decides to break the agreement, you may not have much legal ground to force them to follow it.
Read also: Who Keeps What? Household Items and Personal Belongings After Separation Australia
What Happens If We Can’t Agree On Who Keeps The Pet?
When couples can’t agree on who gets the pet, they may need to go through formal legal steps. This usually starts with negotiation or mediation.
If that doesn’t work, the issue can be raised during property settlement proceedings in the family court.
Because the law sees pets as property, the court will make a decision the same way it would for other assets. It might decide who gets the pet, or it could balance out ownership by giving other assets to the other person.
It’s important to know that courts do not like making decisions about pets. They would rather the parties come to their agreement.
So if you’re facing a pets and separation dispute, reaching a mutual decision outside of court is often faster, cheaper, and less stressful.
Read also: Steps Involved in the Property Settlement Process with Lawyers in Ipswich
How Can I Protect My Rights To A Pet During A Separation?
If you want to keep your pet after a breakup, there are a few steps you can take to improve your chances. These include:
- Keeping records of pet-related purchases and payments
- Making sure your name is on the pet’s microchip and council registration
- Collecting evidence that shows you are the primary carer (photos, messages, receipts)
- Being able to show how you’ve provided for the pet’s wellbeing over time
If you’re entering a relationship and already have a pet, consider getting a written agreement that confirms the pet is yours. This could help prevent future disputes.
When dealing with pets and separation, the best way to protect your rights is to stay informed, gather proof, and try to resolve matters amicably when possible.
When Emotions Run High, Facts Still Matter
Breakups are difficult, and decisions about pets can make them even more emotional. Still, it’s important to remember how the law sees things.
In pets and separation matters, courts focus on evidence and legal ownership rather than feelings or emotional bonds.
That doesn’t mean you can’t reach a fair solution. In many cases, couples are able to agree without going to court. Whether that means one person keeps the pet or you share care informally, what matters is that you know your options and act early.
Need Legal Support for Pets and Separation?
Worried about losing your pet after a separation or divorce? Let our team at Ipswich Family Lawyers help you understand your rights and make informed decisions.
We’ve helped many people deal with complex family matters, including pet disputes during property settlements. Whether you’re seeking advice or need legal support, we’re here to guide you through it all.
Contact us today to book a confidential consultation.
