12 Jun Who Gets the Dog? What New Separation Laws Mean for Families Who have ‘fur babies’
New pet custody rules, stronger financial protections and easier divorces – what Australia’s 2025 family law reforms mean for parents and pet lovers.
A major shift in Australia’s family law could affect everything from your finances to who gets to keep the family dog.
If you’re separating and your pet feels more like a child than a possession, there’s big news: as of this week, Australian courts must now treat companion animals differently during family law disputes.
The changes, which came into effect yesterday under a major reform to the Family Law Act, reshape how property, finances and even pet custody are decided – and they apply to any separation case that hasn’t yet reached a final hearing.
“This is the most significant shake-up we’ve seen in more than a decade,” says Kylie Burke, accredited family law specialist and partner at Burke Mangan Lawyers. “It recognises the emotional realities of modern families – including those where the dog or cat is essentially the ‘fur baby’.”
Pets, Property and Emotional Bonds: What the Court Now Considers
Until now, pets were treated like any other piece of property in separation cases. But under the new rules, judges must look beyond who paid for the pet and consider its welfare, emotional attachment, and caregiving history.
“You can’t just say the dog is yours because you paid the adoption fee,” explains Burke. “The Court will ask who walked the dog, took it to the vet, fed it – and whether the pet is part of the children’s emotional world.”
Only one person can be legally granted ownership of the pet, and shared custody won’t be court-ordered. But emotional arguments – especially where children are involved – will carry more weight than ever before.
Other Key Changes Parents Should Know About
While pet custody is a headline-grabber, it’s just one part of a broader legal overhaul designed to protect families, especially those experiencing power imbalances.
- Family violence now has financial consequences
Courts are now legally required to factor in the economic impact of family violence or coercive control when dividing property or awarding spousal maintenance. - Stronger transparency rules
Full financial disclosure is no longer optional. Hiding assets (like offshore accounts or cryptocurrencies) could result in penalties, making it harder for one partner to leave the other in the dark. - Clearer guidance for property settlements
Judges now follow a step-by-step approach, including weighing any history of abuse, financial wastage, and future needs. This could help reduce confusion and lead to fairer outcomes – particularly in families with complex financial arrangements. - Sole applicants can now divorce without going to court
In uncontested cases, an individual can now finalise their divorce without attending a hearing – a relief for those looking to move on quietly, or escape a controlling situation.
A Wake-Up Call for Couples with Complex Finances
If you share children, pets, and property – and particularly if you own a business or family trust – this legal shake-up is a prompt to get solid legal advice.
“The new laws give courts more power to act where there’s a financial or emotional power imbalance,” says Burke. “If you’ve built a life together, the law is finally catching up to the emotional weight of separating – especially when pets and kids are involved.”
FAQ:
- Can we share custody of our dog after separating?
Courts won’t order shared pet custody, but couples can agree privately. Legally, the court grants ownership to one party only. - Does family violence affect who gets the pet?
Yes. Judges now consider any harm or neglect in the decision, including how the pet relates to children’s wellbeing.
