For many Australians, the most stressful part of a breakup isn’t splitting the bank accounts, it’s deciding who the dog or cat sleeps with on Friday night. Whether you’re strolling along Burleigh Beach or visiting a dog park in Brisbane’s inner-north, your pet is a central part of your lifestyle. But what happens if the relationship ends?
The 2025 Legal Shift: More Than Just Property
Historically, the Australian legal system viewed your cat or dog no differently than a fridge or a television. However, following the Family Law Amendment Act 2024 (which took effect on 10 June 2025), pets are now formally recognised as Companion Animals.
While pets are still technically part of the “property pool,” the Federal Circuit and Family Court of Australia (FCFCOA) now has the power to look beyond simple financial ownership. Under this new framework, the Court must consider a specific list of factors when awarding ownership to one party:
- Primary Caregiving: Who handles the vet appointments, daily exercise, and feeding?
- Emotional Bonds: The relationship the pet has with any children of the marriage or de facto relationship.
- Financial Maintenance: Who paid for the insurance, food, and medical procedures?
- Safety & Family Violence: Any history of actual or threatened cruelty towards the animal, often used as a tool of coercive control.
The Property Reality in South East Queensland
Despite the shift toward “well-being,” the Court cannot order joint custody or visitation schedules for a pet. They will award the animal to one person only.
If you are a pet owner in Brisbane, the Gold Coast, or the Sunshine Coast, the Court still looks for “indicia of ownership.” If you bought the pet before the relationship, kept the microchip registration in your sole name, and paid for the insurance from your personal account, you have a strong starting point. However, if your partner has been the primary carer for years, the outcome is no longer a “slam dunk.”
The Solution: The “Pet-nuptial” (BFA)
The only way to ensure your pet stays yours—without an expensive and emotional court battle, is a Binding Financial Agreement (BFA).
At our firm, we help clients “ring-fence” their pets. By naming your pet as an “excluded asset” in a BFA, you bypass the Court’s discretion entirely. If you are entering a new relationship or moving in together, we recommend:
- Updating the Microchip: Ensure it matches the owner named in your legal documents.
- Keeping Records: Retain receipts for vet bills and registration fees.
- A Formal Agreement: Documenting pet custody in a BFA before conflict arises.
FAQ: Pet Ownership & Separation in Queensland
Can I get a court order for shared custody of my dog?
No. Under the Family Law Act, the court will only award ownership to one party. If you want a “shared care” arrangement, this must be done through a private, written agreement outside of court.
Does the microchip prove I own the dog?
A microchip is a strong piece of evidence, but it is not definitive “title.” The court will also look at who paid for the pet, who is the registered owner with the local council (e.g., Brisbane City Council or Gold Coast City Council), and who provides the daily care.
What if I owned the pet before we moved in together?
Generally, “initial contributions” carry significant weight in property settlements. If the pet was yours before the relationship began, you likely have a strong claim, provided you continued to maintain the animal’s costs. However, the court will look at the “lifecycle” of the pet’s care during the relationship, including who was responsible for veterinary expenses, whose name appears on the microchip or council registration, and who consistently funded the pet’s day-to-day requirements.
Can a pet be included in a Binding Financial Agreement (BFA)?
Yes. In fact, this is the most secure way to protect your rights. A BFA can specifically state that a certain pet remains the property of one party in the event of a separation.
Take Control of Your Pet’s Future
Don’t leave your pet’s future to a court’s discretion. Whether you are in a new relationship or planning for the future, the best time to secure your rights is before a dispute arises.
As a physical anddigital law firm, we’ve made it easy for pet owners across Australia (excluding WA) to access the protections they need without ever needing to visit a physical office.
Explore Our BFA Resource Hub. Click Here.
Not sure where to start? We’ve built a comprehensive library of resources to help you navigate the complexities of Australian family law from your own home:
- The Essentials: Get Your Free 2026 BFA Readiness Pack – A step-by-step guide to making your agreement “watertight.”
- Asset Protection: BFAs for Future Security – Learn how to ringfence your pets, business, and property.
- The “Cheap Template” Trap: Why DIY Agreements Rarely Work – Understanding why Section 90G advice is non-negotiable for pet owners
Secure a “Watertight” Agreement Today
Securing your furry family members shouldn’t be a burden. Our experienced family law team provides a seamless, digital-first service for couples throughout Queensland and across Australia.
Whether you’re enjoying the off-leash beaches on the Sunshine Coast or the parks of Inner-North Brisbane, ensure your pet stays by your side.
