Pet Care Agreement Template
What is a pet care agreement?
A pet care agreement is a written agreement between separating couples about the care and custody of their pets.
It covers who the pet lives with, shared care schedules, expenses, and veterinary decisions.
A pet care agreement is not legally enforceable as a court order - pets are treated as property under Australian law. However, a written agreement provides clarity and helps avoid disputes.
These agreements are increasingly common as courts generally don't make orders about pet custody.
Why do you need a pet care agreement?
Australian family law treats pets as personal property - the court won't make "custody" orders for a pet. This means there's no legal framework for shared pet arrangements after separation.
A pet care agreement fills this gap by setting out clear arrangements both parties agree to. It reduces conflict and provides structure for ongoing shared pet care.
It also gives both parties a reference point if disputes arise.
What does a pet care agreement cover?
- Which party the pet primarily lives with
- Shared care schedule (weekends, alternating weeks, etc.)
- Holiday and travel arrangements for the pet
- Veterinary care decisions and how costs are shared
- Food, grooming, and regular expenses
- Pet insurance
- Emergency veterinary decisions
- Registration and microchip details
- What happens if one party relocates
- What happens if one party can no longer care for the pet
Pets and property settlement
Under Australian family law, pets are classified as personal property. In a property settlement, a pet is treated like any other asset - it goes to one party.
The Family Court generally does not make shared custody orders for pets. A separate pet care agreement is the best way to arrange shared care.
Some couples include a reference to the pet care agreement in their BFA.
How to create a shared pet care arrangement
- Discuss arrangements with your ex-partner - consider the pet's routine and wellbeing
- Decide on the primary carer and any shared care schedule
- Agree on how veterinary and other expenses will be shared
- Customise our template with your specific arrangements
- Both parties sign the agreement
- Review and adjust as circumstances change
Frequently asked questions
Is this agreement legally enforceable?
A standalone pet care agreement is not legally enforceable in the same way as a court order. However, it creates a clear written record of what both parties agreed to, which can be useful if disputes arise. For stronger legal weight, reference the arrangement in your BFA.
Can the Family Court make orders about pets?
Generally no. The Family Court treats pets as property and does not make custody or shared care orders. This is why a private pet care agreement is the best option.
What if my ex won't follow the agreement?
Since it's not a court order, you cannot enforce it through the courts. However, having a written agreement makes it easier to resolve disputes through mediation or negotiation.
Can we include multiple pets?
Yes. The template can cover one or multiple pets and allows for different arrangements for different animals if needed.
What about exotic pets or livestock?
The template is designed primarily for domestic pets (dogs, cats, etc.). It can be adapted for other animals, but for livestock or high-value animals, seek legal advice.