Facebook
Notification
Redland Bayside News
  • News & Editorial
  • Digital Editions
  • Pickup Locations
  • Advertise With Us
  • News & Editorial
  • Digital Editions
  • Pickup Locations
  • Advertise With Us
  • Digital Editions
  • Pickup Locations
Facebook
Notification
Redland Bayside News
  • News & Editorial
  • Digital Editions
  • Pickup Locations
  • Advertise With Us
  • News & Editorial
  • Digital Editions
  • Pickup Locations
  • Advertise With Us
  • Digital Editions
  • Pickup Locations
Redland Bayside News > Seniors > Who gets the dog when older couples separate?
Seniors

Who gets the dog when older couples separate?

Redland Bayside News
Redland Bayside News
Published: June 3, 2026
Share
3 Min Read
TOUGH CALL: When determining who should keep a pet, courts consider a range of factors.
TOUGH CALL: When determining who should keep a pet, courts consider a range of factors.
SHARE

The Senior

FOR many older Australians going through a separation, the most agonising decision is not dividing superannuation or selling the family home, it is deciding the fate of a beloved companion animal.

With “grey divorce” on the rise, more couples are finding themselves in dispute over pets that have long been treated as part of the family, rather than property.

As of June 2025, Australian family law no longer treats pets purely as assets. Instead, companion animals are recognised under the Family Law Act in a way that reflects their emotional significance. However, courts still do not have the power to order shared custody of pets. They can only award ownership to one party or, in some cases, order that the animal be sold or rehomed.

- Advertisement -

Family law barrister Darren Mort said shared arrangements are possible only through mediation, not court orders.

“In mediation, you can effectively agree on anything, shared care or alternating weeks,” Dr Mort said.

“Provided it’s completed in the proper format, that agreement is a contract and it’s a binding contract.”

In contrast, courts are required to finalise ownership rather than facilitate ongoing shared arrangements between former partners.

When determining who should keep a pet, courts consider a range of factors, including who provided day-to-day care such as feeding, walking and grooming, as well as veterinary history and financial responsibility.

They also assess the strength of emotional bonds between the animal and each party, along with each person’s health, mobility and capacity to continue providing care.

Dr Mort said that in some cases, age and physical ability can influence the outcome.

“Although a dog might be closer to one party, if that party’s not able to care for that dog anymore, that has some bearing,” he said.

“It’s grossly unfair, but if you can’t look after the dog, it’s not fair on the animal.”

The court may also take into account any history of family violence or animal cruelty when making a determination.

Certain animals are treated differently under the law.

Assistance animals, such as guide dogs for people with disabilities, are excluded from separation disputes altogether.

These animals are considered medical necessities rather than pets, and remain with their handler regardless of financial or ownership considerations.

For couples hoping to maintain some form of shared care arrangement for a family pet, legal experts say mediation remains the most practical option.

“If I was hedging my bets with the family pooch, I’d be seeing if I can go to mediation and try to sort it out,” Dr Mort said.

Share This Article
Facebook Email Print

Latest Redlands News

Travel passion drives Capalaba team’s holiday expertise
When travel is your passion, it makes every day an adventure
Travel
UNIQUE OPPORTUNITY: Nightfall has established itself as a high-end eco-tourism destination.
Scenic Rim wilderness retreat hits the market
Real Estate
COMING ALONG: Building 6 is rapidly rising at The Village Manly, with Building 5 to follow.
Seize the Bay now to lock in touch of paradise at The Village Manly
Seniors
MISSING DETAILS: Some people can hear a voice without being able to make out the words.
When you can hear, but can’t catch the words – what are you missing?
Sound Decisions
SUCCESSFUL AGAIN: Chris Whitehead with a barramundi caught off Darwin.
A lifetime on the line thrills Cleveland’s Chris Whitehead
Featured Fishing
The Ford Ranger surged back to top all sales.
Electric shock as Ranger fights back against huge EV tidal wave
Motoring
Turn higher income into stronger financial wellbeing
Ways to turn your income into financial wellbeing
Finance

You Might Also Like

The power of music can bring balance to our lives as we age
Seniors

The power of music can bring balance to our lives as we age

January 24, 2025
Small spending habits shape wealth over time
Seniors

The cost of small spends — and wealth we leave behind

April 25, 2026
A more flexible approach could deliver housing for older Australians that varies in design, cost, and investment models.
Seniors

Older Australians also facing a housing crisis

October 22, 2025
The Power of Words and How They Shape Our World
Seniors

The incredible power of words

October 16, 2025

Published by Local News Group QLD. Dedicated to connecting local communities through informative and engaging media.

  • Contact Us
  • Advertise With Us
  • Quick Links
  • Community
  • Featured
  • Sport
  • Cleveland
  • Redland City Council
  • Real Estate
  • Seniors
  • Capalaba
  • Redlands
  • Business
  • Victoria Point
  • Redland Bay
  • Birkdale
  • Fishing
  • Entertainment
  • Wynnum
  • Wellington Point
  • Alexandra Hills
  • Finance
  • Disability News
Copyright © 2026 Local News Group - Website by LNG Digital
Welcome Back!

Sign in to your account

Username or Email Address
Password

Lost your password?