It’s a question that comes up more often than you’d think: when a couple separates, who keeps the pet?
In June 2025, the Family Law Act was amended to give courts specific powers to make orders about pets (referred to as “companion animals” in the Act) when a marriage or de facto relationship breaks down.
What can the court actually order?
The court has three options:
• One party keeps ownership of the pet
• Someone else (who has consented) becomes the owner
• The pet is sold
What the court can’t do
Here’s the catch – there’s no power for the court to order shared custody arrangements for pets. If you want shared arrangements after separation, you’ll need a binding financial agreement that sets out how that will work.
Enter the “Petnup”
You can actually prepare a binding financial agreement at the start of your relationship that covers what happens to your pet if you separate. Who keeps the pet? What shared arrangements might look like? It’s essentially a prenup for your pet.
For many people, pets are family. If you’re starting a relationship (or already in one) and want to protect those arrangements, it’s worth thinking about.
If you’d like to know more about pets and family law – or preparing a Petnup – contact Steven Edward, Senior Consultant and Accredited Family Law Specialist (and pet lover).
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