Regardless of what the law says, you can agree on whatever you think is best.

Every country (and sometimes every State) treats pets differently. In many places your dog is legally just property, like the couch. In others, a Court can decide who owns your pet but won’t make orders about time with them. Some Courts can’t deal with pets at all.

A few examples:

• United States: It varies from State to State. Alaska, Illinois, California and New York are among the States whose laws let courts consider the animal’s well-being when deciding who keeps it. Many others still treat pets as property.

• Australia: Since 10 June 2025, the Family Law Act 1975 (Cth) recognises “companion animals” as part of property settlement. The Court can now decide who keeps a pet, looking at things like who cared for it and who can care for it in future, but it can’t make shared care or “custody” orders.

• England and Wales: Pets are still treated as property (“chattels”) and there’s no specific pet custody law, although some recent cases have looked at who cared for the dog day to day.

This is general information only, not legal advice, and laws can change.

None of that really matters! By agreement, you can decide who your dog lives with, whether they spend time in both homes, how veterinary and other expenses are shared, who makes important decisions about their care and what happens as they get older. How an agreement can be formalised or enforced varies from place to place, so you may also want local legal advice about that.

You can do this at any stage of your separation, even if lawyers are involved and/or you are already in the Court system. An agreement you make together is usually faster, cheaper and kinder than one made for you.

What we’ll look at together

Every animal is an individual. A big part of my focus will be the needs of your dog (or cat!). So we’ll talk about things like:

• Your pet’s routine, and who has been doing the walks, feeding and vet visits

• Their personality. Some dogs love new places and people. Others really don’t.

• Whether time in both homes will genuinely work for your pet

• Your children, and whether your pet should move between homes with them

• Older pets and health issues, and what happens if things change down the track

• The costs: food, grooming, insurance and the vet

• Cats (and parrots!), who often bond with their home or one person more than anyone else

Many separating couples initially assume that sharing their dog 50/50 is the fairest solution. But is it necessarily the best arrangement for the dog? Some dogs adapt well to two homes. Others find the constant transitions stressful. We’ll look at your dog’s individual needs and consider all available options, including sole care, shared care and agreed visitation.

Sharing your pet isn’t always the right answer. Sometimes it is. Either way, we’ll work it out with your pet front and centre.

What your agreement can cover

Every agreement is tailored to your dog and your situation. Depending on what you need, it can cover:

• Where your dog will live

• If you share care, how that schedule is best tailored for your dog

• How handovers will work, including using a dog walker or daycare if seeing each other is hard

• How food, grooming, vet bills and other costs are shared, such as a joint dog account or pet insurance

• Who makes vet decisions, and letting each other know in an emergency

• First right of refusal if one of you can no longer care for your dog

• What happens if one of you moves, changes jobs or has a new partner

• Visits, if you agree to them: how often, how long and how much notice

• Planning for your dog’s older years and end of life