Companion Animals and Family Law
With nearly 70% of Australian households owning a pet, the law is finally evolving to recognise the unique place of animals in our lives. Effective from 10 June 2025, major reforms to the Family Law Act 1975 (Cth) now redefine how pets are treated in family law matters. These changes provide a more compassionate and practical framework for resolving disputes about pet ownership following a relationship breakdown.
What Has Changed?
The Family Law Amendment Act 2024 introduced a new category of property: companion animals. This includes pets such as dogs and cats, kept primarily for companionship. Animals used for commercial purposes, like livestock, or regulated assistance animals remain outside this category.
The amendments now allow courts to:
- Make orders granting exclusive ownership of a companion animal to one party;
- Order the sale of a companion animal;
- Consider a range of factors, including emotional bonds and history of care when determining pet ownership.
These laws apply to all family law matters from 10 June 2025 onward, even if proceedings were initiated prior to that date and a final hearing has not yet commenced.
How Courts Will Decide Who Keeps the Pet
The reforms move away from treating pets like chattels and instead adopt a more nuanced, welfare-conscious approach. Courts will now consider factors such as:
- How the pet was acquired (purchased or gifted)
- Who currently owns or possesses the pet, and where it resides
- Each party’s role in caring for and financially supporting the pet, including expenses like vet bills and daily care
- Any emotional attachment by a party or child to the animal
- The demonstrated ability of each party to care for the animal independently
- Any family violence, including abuse or threats involving the animal
- Any cruelty or neglect towards the animal by either party
- Any other factors necessary to achieve a just and equitable outcome
The law also makes clear that courts are not obliged to make orders regarding pets if doing so would be unjust or inequitable.
Pets and Family Violence
One of the most significant reforms is the formal recognition that animal abuse may constitute family violence.
For many victim-survivors, pets are critical sources of emotional safety and companionship. Unfortunately, animals are often targeted in coercive or abusive dynamics. Under the new laws, the court will consider threats or actual harm to animals as relevant when determining ownership.
Examples of relevant conduct include:
- Threatening to harm or kill a pet;
- Preventing access to a pet;
- Withholding food, water, grooming or veterinary care;
- Using a pet as leverage to control or intimidate a partner.
Disagreement about pet ownership
Where parties can agree informally or through negotiated settlement, shared or sole ownership of a pet can be resolved without court intervention. But if agreement isn’t possible, either party may apply for court orders as part of the financial settlement.
At Nicholes Family Lawyers, we can guide you through these negotiations and, if necessary, represent your interests in court to ensure that the outcome reflects both the bond you share with your pet and the realities of your care arrangements.
How We Can Help
At Nicholes Family Lawyers, we understand the central role pets play in family life and the complex emotions that can arise during separation.
We provide expert advice on:
- Negotiating pet ownership as part of property settlements
- Drafting consent orders that protect ongoing care arrangements
- Navigating the new companion animal laws under the Family Law Act
- Seeking urgent court orders in cases of family violence involving pets
- Advocating for victim-survivors whose pets are also at risk.
If you are going through a separation and need guidance about your pet’s future, please contact us for tailored advice from our experienced family law team.
Podcasts
Pets & Divorce – Listen to the episode here
Managing Partner Sally Nicholes hosts a panel discussion featuring Partner Nadine Udorovic, Senior Associate Jessica Coles-Black, and Dr James Ramsden, Vet, Founder and Managing Director of Petpack. Together, they explore the recent amendments to the Family Law Act, which will come into effect on June 10, and discuss how these changes will shape future legal proceedings.
Throughout the podcast, the panel shares perspectives from both a veterinarian and legal professionals on the impact of family violence and why these new laws are crucial.
To find out more about Petpack, click here: https://petpack.com.au/about-us/
