Introduction
Before the recent changes to Family Law, pets were treated as property, much like a car or furniture that were to be divided between separating couples based on factors such as pet’s registration, purchase or by informal agreement. However, there has been a clear shift in how pets are regarded under the Family Law Act 1975 (Cth)(“Act”), recognising their unique status and the role they play within families.
Recognition of pets as companion animals
The new law, which commenced on 10 June 2025, gives courts explicit power to deal with pets or “companion animals” (as defined in the Act) separately from the rest of the property pool. It defines companion animals as a specific category of property and outlines specific factors that may be considered when a court determines ownership of a companion animal during a property settlement.
Companion animals include animals kept by the couple or either of them primarily for the purpose of companionship. It does not include:
(a) an assistance animal within the meaning of the Disability Discrimination Act 1992;
(b) an animal kept as part of a business;
(c) an animal kept for agricultural purposes such as farm animals;
(d) an animal kept for use in laboratory tests or experiments.
This means that domestic pets such as dogs, cats, birds, rabbits and all other household pets fall squarely within these new provisions.
Orders a Court May Make
The courts are now empowered to make the following orders in relation to companion animals:
- granting sole ownership of the animal to one party;
- transferring ownership to a person who consents to receiving the animal; or
- ordering the sale of the animal
Orders can be made on an interim or final basis, by consent or after a contested hearing.
The court may not order shared ownership or “joint care” of a companion animal. Shared-custody-style “pet parenting” is not permitted under the new legislation.
How the Court Decides Who Keeps the Pet
When determining who should retain ownership of a companion animal, the court may consider any of the following:
(a) the circumstances in which the companion animal was acquired;
(b) who has ownership and possession of the companion animal;
(c) the extent to which each party cared for, and paid for the maintenance of, the companion animal;
(d) any family violence to which one party has subjected or exposed the other party to;
(e) any history of actual or threatened cruelty or abuse by a party toward the companion animal;
(f) any attachment by a party, or a child of the marriage, to the companion animal;
(g) the demonstrated ability of each party to care for and maintain the companion animal in the future, without support or involvement from the other party; and/or
(h) any other fact or circumstance which, in the opinion of the court, the justice of the case requires to be taken into account.
Family Violence and the Protection of Pets
The reforms clearly recognise that harming a companion animal is a form of family violence. As a result, courts are now required to consider any cruelty or abuse toward companion animals when deciding who should care for a pet after a separation. These changes are designed to protect victim-survivors—particularly in situations where a pet has been used as a tool of coercion or control—and to support their right to retain the animal.
Conclusion
The law now reflects the emotional and relational value many people place on pets — giving courts discretion to consider welfare, attachment, and history of care, and not just ownership registration.
For separating couples, this means:
- Pet ownership should be discussed early in negotiations or mediations;
- Evidence of caregiving responsibilities may be important; and
- Parties involved in family violence now have greater protection where pets are targeted or placed at risk.
How We Can Help
Our family law team can assist with negotiations, binding agreements, and court applications involving companion animals. We understand the significance of pets in family life and approach these matters with sensitivity, practical guidance, and a commitment to achieving outcomes that reflect both legal rights and emotional realities.
If you have questions about how the new laws may affect your situation, contact our office for tailored advice.
Pearsons Lawyers
This is general advice only. Pearsons Lawyers have a team of specialist family lawyers who can provide timely and accurate advice on all matters that need to be dealt with following a separation including parenting and property matters. To arrange your free initial consultation contact Pearsons Lawyers today on 1300 699 688 and “know where you stand”.
Grunseth & Wighton [2022] FedCFamC1A 132.
