In this episode of Dear Divorce Diaries, family law experts Darren Mort (Family Law Barrister) and Joplin Higgins (Family Law Solicitor) explore one of the most emotionally charged and increasingly common issues in modern separation: what happens to pets during divorce?
With a special guest appearance from “Buddy” 🐶, the conversation unpacks how Australian family law now treats pets—legally defined as “companion animals”—and what that means for separating couples.
The episode opens with a major legal update:
Both hosts acknowledge the emotional reality:
Despite this emotional significance, the law still treats them through a property lens, not a family member lens.
The hosts break down the key factors courts consider:
The court may also consider:
A serious and important aspect of the discussion:
One of the clearest legal points in the episode:
The hosts reflect on how this contrasts with common informal agreements people try to make (e.g. “week-on, week-off pet arrangements”), which have no formal legal standing under the Act.
The episode highlights real-world tensions:
A case example discussed:
Key takeaway:
Emotional attachment is considered, but does not override ownership and caregiving evidence.
A memorable story from the episode:
The story highlights:
The hosts caution listeners that:
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