Divorce, Who Gets the Dog?

As of this week, separating Australian couples will need to navigate a very different legal landscape – including how the courts now decide who keeps the pets.

A suite of major reforms to the Family Law Act took effect yesterday, introducing new rules around property division, family violence, financial transparency – and for the first time, pets. The changes apply to all family law matters that haven't yet gone to a final hearing, meaning many current cases could be impacted.

"This is the most significant overhaul of family law with respect to financial cases we've seen in over a decade – and it will change the outcome of thousands of separations," says Kylie Burke, accredited specialist family lawyer and partner at Burke Mangan Lawyers. "From financial abuse to pet custody, the courts now have clearer direction – and that changes everything."

So, What's New?

• Courts will now decide who keeps the pets – and it's not just about ownership

Under the new laws, judges must now consider the animal's welfare, any history of harm or neglect, emotional bonds and who has been primarily responsible for its care. The Court will only order one party to have future ownership of the animal.

"You can't just say the dog is 'mine' because you paid the adoption fee," says Burke. "The Court will look at who actually cared for the pet – walking it, feeding it, taking it to the vet – especially when children are involved and there's emotional attachment on both sides."

• Family violence will have financial consequences

The courts are now legally required to consider the economic impact of family violence, including financial abuse or coercive control, when dividing assets or awarding maintenance.

"We're now seeing legal recognition of how deeply financial abuse can impact someone's long-term stability," says Burke. "If one partner was locked out of money decisions or pressured into signing away rights, that will now weigh heavily in court."

• A clearer, step-by-step process for property settlements

New legislation outlines exactly how courts should approach property division – from identifying and valuing assets to weighing future needs – which is expected to streamline decisions and reduce disputes.

The Court must now take into account, amongst other things, the effect of family violence, material wastage of property or financial resources, and any liabilities or debts incurred by the parties.

"This gives separating couples, especially those with complex finances or trusts, a roadmap they can follow," says Burke. "It is designed to reduce the confusion and make out-of-court settlements easier and more predictable."

• Stronger financial disclosure requirements

Hiding assets just got riskier. The duty to provide full and frank financial disclosure is now embedded in the Family Law Act itself, giving rise to potential penalties for non-compliance.

"We often see one party delay or refuse to disclose assets – sometimes offshore accounts, family trusts or cryptocurrency," says Burke. "This change makes it clear: full transparency isn't optional anymore."

• Sole applicants can now divorce without attending court

In amicable or uncontested cases, individuals can now finalise a divorce without needing to appear before a judge.

"This is a small but welcome change, especially for people leaving controlling relationships or just wanting to move on quietly," says Burke. "You can now apply for a divorce and, if there's no objection, finalise it without the stress of going to court."

A Wake-Up Call for Wealthier Couples

High-net-worth couples – particularly those with trusts, family businesses or investment portfolios – should take note, says Burke.

"The new framework puts more pressure on transparency and gives courts more discretion when there's a power imbalance," she says. "If you're separating and have a lot to untangle, now is not the time to cut corners."

https://bm-lawyers.au/

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