A common question we receive from clients is: what happens to the family pet in the event of separation?

Given the significant role pets play in family life, it is understandable that many people are concerned about their legal rights and entitlements when it comes to keeping them.

The former approach

Until recently, the Family Law Act 1975 (Cth) (the Act) made no reference to pets or how they should be treated following separation. Instead, the Federal Circuit and Family Court of Australia (the Court) regarded pets simply as property to be divided between the parties, much like furniture or a car.

If parties could not agree, they could apply to the Court for an order dealing with the family pet as part of the financial settlement. In making a decision, the Court typically considered:

• who purchased and initially registered the pet;
• whose name the pet was registered under (with council and vet records);
• who was the pet’s primary caregiver;
• who paid for food, veterinary bills and other expenses;
• each party’s lifestyle and capacity to care for the animal.

This approach meant that little, if any, regard was given to the animal’s welfare or the emotional bond between the pet and family members.  It also meant that the issue was very rarely raised in Court.

The new approach

This changed with the passing of the Family Law Amendment Act 2024 (Cth), which introduced amendments to the Act that came into effect on 10 June 2025.

Pets are now legally recognised as “companion animals”—a distinct category of property.

A companion animal is defined as an animal kept by one or both parties to a relationship primarily for companionship. However, certain animals are excluded from this definition, including:

• assistance animals (those trained to support a person with a disability);
• animals kept for business purposes;
• animals used for agricultural purposes;
• animals involved in laboratory testing or experiments.

While still treated as an asset within the property settlement, the amendments require the Court to consider a broader range of factors relating to the pet, including:

• how the companion animal was acquired (e.g., purchase price or whether it was a gift);
• legal ownership and possession, including registration details and living arrangements since separation;
• each party’s contribution to the pet’s care and expenses (e.g., food, vet bills, grooming, training and exercise);
• any history of family violence, including where pets have been abused, injured, or used as a tool of coercion and control;
• any cruelty or abuse towards the pet by either party;
• the emotional attachment of a party or child to the pet, particularly where the pet provides comfort and support to a victim-survivor of family violence;
• each party’s demonstrated ability to independently care for the animal, financially and practically;
• any other factor relevant to achieving a just and equitable outcome.

These amendments reflect a shift in societal attitudes towards domestic pets, recognising their role as valued family members.

What does this mean for you?

The Court now has the power to not only make orders clarifying who owns the pet but also has the power to transfer ownership or  to order the companion animal be sold. the Court cannot order joint ownership of a companion animal nor will it make orders that requires the other party to access the pet to spend time with it.

The Court will be more willing to make orders relating to pets now that they are defined within the legislation – previously, they were not inclined to do so.

If you are going through a separation and need guidance about your pet’s future, please contact us on 9670 4122 for tailored advice from our experienced family law team.