Who can have the dog in a divorce scenario?

• Australian family law does not specify how ownership of animal is to be treated during a family breakdown. Because pets are considered property they form part of the pool of assets to be split between the spouses. This means that ownership and registration of a pet can be transferred between the parties depending upon what agreement they reach.
• In some cases family dispute resolution practitioners (FDRPs) may agree to include custody of pets as an issue on the agenda of a family mediation. Private FDRPs may have more flexibility and willingness to do this than FDRPs in government funded Family Relationship Centres.
• For more information see our Separation & Divorce topic.
• You can use our Phone a Lawyer service to get a preliminary consultation.