Pet Custody and Family Law in Victoria – Who Keeps the Pets After Separation or Divorce?
For many Australian families, pets are more than property — they’re beloved members of the family. When couples separate or divorce, disputes often arise over pet custody and who should keep the family dog, cat, or other companion animals. Yet under Australian family law, the treatment of pets is still evolving.
Here we explore pet custody laws in Australia, how they relate to the Family Law Act 1975 and what couples can do to resolve pet custody disputes fairly. We also show how the family lawyers at Velos & Velos Lawyers in Melbourne can help you protect your rights and your relationship with your family pets.
Unlike children, pets don’t have legal personhood under Australian law. In most cases, pet custody law treats animals as property under the Family Law Act, rather than living beings with emotional or welfare rights.
When relationships break down, pets are included in the property settlement, along with homes, vehicles and other assets. This approach can be emotionally difficult for owners who view their animals as part of the family rather than possessions.
Understanding Pet Custody Laws in Australia
However, recent shifts in community attitudes — and the introduction of reforms under the Family Law Amendment Act 2024 — are prompting courts and family lawyers to consider the emotional significance of pets and the emotional bond between the animal and its owners.
Pets and the Family Law Act 1975
Under the Family Law Act 1975, courts divide property based on fairness, considering financial and non-financial contributions, future needs and the welfare of any children. Pets fall within this definition of property, meaning ownership is determined by evidence such as:
- Who purchased or adopted the animal
- Whose name appears on the microchip registration or council permit
- Who pays for food, veterinary care and insurance
- Who provides day-to-day care and housing for the pet.
Courts generally avoid custody disputes over pets unless both parties agree that the issue is significant. In most divorce pet custody cases, the court awards the animal to one party. However, it may consider the emotional bond between each partner and the pet, particularly if the animal is a support or therapy animal.
Custody of Pets in Separation and Divorce
In custody of pets in separation cases, the courts prefer parties to reach agreement privately rather than through litigation. This can be done through a pet custody agreement or a broader Financial Agreement that forms part of the property settlement.
A pet custody agreement can outline:
- Which partner keeps the pet permanently
- How expenses such as vet bills, grooming and food are shared
- Shared care arrangements, including visitation or alternating weeks
- Rules for travel, medical decisions and relocation
- What happens if one partner enters a new de facto relationship?
Having these terms in writing can prevent disputes and protect the welfare of the animal.
How Courts Decide Pet Custody in Australia
In pet custody Australia cases, judges rely on evidence of pet ownership and practical arrangements rather than emotions alone. They will assess factors such as:
- Who primarily cares for the pet
- The suitability of each person’s housing or work situation
- The presence of children who share a strong emotional bond with the pet
- Any history of family violence or neglect.
If family violence is involved, a court may restrict contact between a party and the animal to protect both the pet and the victim. In such situations, police or protective orders may include specific conditions about animals, ensuring their safety and well-being.
The Role of Pet Custody Lawyers
A pet custody lawyer can help couples understand their rights and obligations under Australian family law. Because pets are treated as property, decisions about ownership often intertwine with property settlement issues.
At Velos & Velos Lawyers, our team provides clear legal advice on:
- How to include pets in your property settlement
- Preparing or reviewing a pet custody agreement
- Gathering evidence of pet ownership and care contributions
- Negotiating shared care arrangements for family pets
- Advising on how pets are handled under the Family Law Act.
Our family lawyers can also assist with mediation and custody disputes to reach fair, practical outcomes that prioritise the welfare of both the animal and the people involved.
The Emotional Bond Between People and Pets
The emotional bond between owners and their family pets is often deep and meaningful. For many, animals provide comfort and stability during the stress of separation. Courts are slowly recognising that pets are not just property but living companions deserving consideration.
While Australian courts cannot make orders for “shared custody” in the same way they do for children, they can still consider an animal’s best interests informally, especially when children are attached to the pet. Experienced family lawyers can highlight these emotional factors in your case to strengthen your claim for ownership or continued contact.
Pet Custody and Property Settlement
Because pets are legally considered property, they form part of the broader property settlement under the Family Law Act 1975. The outcome often depends on how the animal was acquired and who maintained it during the relationship.
If a pet was purchased jointly, ownership may be determined by who has the capacity to provide ongoing care and stability. For instance, a person moving into an apartment that doesn’t allow animals may not be considered the appropriate custodian.
In some situations, the value of the pet is minimal, but the emotional bond is significant. Skilled family lawyers can help present evidence to show why it is reasonable for a particular partner to retain ownership, considering both practical and emotional factors.
Drafting a Pet Custody Agreement
Creating a pet custody agreement is one of the best ways to prevent future conflict. These agreements can be drafted with the help of a family lawyer and incorporated into a formal Financial Agreement or Consent Orders.
A good agreement should include:
- Ownership and residence – who the pet will live with and who is the legal owner.
- Expenses – how ongoing costs, such as veterinary bills and food, will be shared.
- Shared care arrangements – whether the parties will alternate custody or have visitation.
- Medical decisions – who will make choices about treatment or emergency care?
- Relocation clauses – what happens if one person moves interstate or overseas?
By including these terms, couples can resolve pet custody disputes amicably, without resorting to court proceedings.
Pet Custody and Family Violence
In cases involving family violence, pets can sadly become victims or tools of coercion. Victims may delay leaving abusive relationships out of fear for their animals’ safety. The Family Law Amendment Act 2024 has introduced measures allowing courts to consider harm or threats to animals when assessing family violence.
If you are in this situation, a pet custody lawyer can help you apply for protective orders that include your pet, ensuring it remains safe in your care. You may also be able to include the animal in restraining orders or intervention orders through the magistrates’ court.
Shared Care and Practical Solutions
While courts don’t officially recognise shared pet custody, couples can voluntarily agree on shared care arrangements. This is most successful when both parties live nearby and maintain good communication.
Shared care can work well if:
- The pet is comfortable moving between two homes.
- Both parties can afford to contribute to expenses.
- The arrangement doesn’t cause stress for the animal.
If disputes arise, family lawyers can help mediate adjustments or formalise new terms through written agreements.
Legal Advice and Next Steps
Navigating pet custody divorce issues requires a combination of empathy and legal precision. Because pets are part of property law and family law, the process can be complex. Before signing any pet custody agreement, it’s essential to seek legal advice from an experienced family lawyer familiar with pet custody laws in Australia and Australian family law.
Every situation is different, and the right approach depends on your relationship with the animal, your living arrangements, and your broader financial settlement.
How Velos & Velos Lawyers Can Help with Pet Custody Matters
At Velos & Velos Lawyers, we understand how much pets mean to families. Our Melbourne-based family lawyers are experienced in both Family Law and pet custody disputes, pet litigation, and we provide clear, compassionate legal advice tailored to your needs.
We can assist with:
- Negotiating pet custody as part of your property settlement
- Drafting or reviewing pet custody agreements
- Representing you in custody disputes involving companion animals
- Providing guidance under the Family Law Act and the Family Law Amendment Act 2024
- Helping victims of family violence secure protection for themselves and their pets
- Represent you at pet mediation or pet litigation cases.
We aim to resolve disputes quickly and fairly, helping you move forward with peace of mind — and, where possible, with your beloved pet by your side.
Contact Velos & Velos Lawyers today on 03 8379 1000 to speak with an experienced pet custody lawyer about your rights under Australian family law. We’ll help you find the best outcome for you and your family pets. You can also use the Contact link on this page, and we will contact you.
