Who gets the dog in a divorce? Answered by overhaul of Family Law Act

As previously reported by Lawyers Weekly, “once-in-a-generation” reforms to the Family Law Act came into effect last week (10 June), with the Attorney-General’s Department stating the reforms will “make Australia’s family law system simpler, safer and fairer for all families”.

According to Kylie Burke, accredited specialist family lawyer and partner at Burke Mangan Lawyers, the changes are extremely significant, set to impact thousands of separations across Australia.

“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,” said Burke.

“From financial abuse to pet custody, the courts now have clearer direction – and that changes everything.”

Breaking down the changes, courts will now decide who keeps the pets during a family separation, with judges now having to consider the animal’s welfare, any history of harm or neglect, emotional bonds and who has been primarily responsible for its care.

“You can’t just say the dog is ‘mine’ because you paid the adoption fee,” said Burke.

VIEW ALL

“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.”

For victims of abuse, family violence will have financial consequences, with the courts now being legally required to consider the economic impact that both financial abuse and coercive control can have when dividing assets.

In line with that are stronger financial disclosure requirements – making it much harder for people involved in separation cases to hide their assets.

“We’re now seeing legal recognition of how deeply financial abuse can impact someone’s long-term stability,” said Burke.

“If one partner was locked out of money decisions or pressured into signing away rights, that will now weigh heavily in court.”

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

Another feature of the changes is that sole applicants can now divorce without attending court – opening the door for individuals to 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. You can now apply for a divorce and, if there’s no objection, finalise it without the stress of going to court,” said Burke.

Overall, Burke believes the changes serve as a massive wake-up call to wealthier couples moving forward.

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

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