When a relationship ends, pets are now treated differently under Australian family law.
Since 10 June 2025, the Family Law Amendment Act 2024 (Cth) amended the Family Law Act 1975 (Cth) (the Act), giving courts power to make specific orders about companion animals during property settlements.
The key issue is whether your pet meets the legal definition of a companion animal.
What Is a Companion Animal?
A companion animal is an animal kept by parties to a marriage or de facto relationship primarily for companionship.
A companion animal does not include:
- An assistance animal under the Disability Discrimination Act 1992
- An animal kept as part of a business
- An animal kept for agricultural purposes
- An animal used in laboratory testing or experiments
If your pet does not fall within these exclusions, it may qualify as a companion animal under the Act.
What Orders Can the Court Make About Pets?
In property settlement proceedings, the Court can make interim or final basis, including by consent, about companion animals.
The Court is limited to the following orders:
Order type | What it means |
Ownership to one party | One person becomes the legal owner of the companion animal |
Transfer to another person | Ownership transfers to a third party who consents |
Sale of the animal | The companion animal is sold |
These are the only orders available under the Act.
The law does not allow shared ownership or time-based arrangements. Only one person retains ownership of the pet.
How Does the Court Decide Who Keeps a Companion Animal?
When considering what orders, if any, should be made about a companion animal, the Court can consider the following factors:
- The circumstances in which the companion animal was acquired;
- Who has ownership or possession of the companion animal;
- The extent to which each party cared for, and paid for the maintenance of, the companion animal;
- Any family violence to which one party has subjected or exposed the other party;
- Any history of actual or threatened cruelty or abuse by a party towards the companion animal;
- Any attachment by a party, or a child of the marriage, to the companion animal;
- The ability of each party to care for and maintain the companion animal in the future, without support or involvement from the other party; and
- Any other fact or circumstances which, in the opinion of the Court, should be taken into account.
There are a lot of considerations when determining where a pet should live, which seems appropriate given the love that we have for our pets!
Contact Daykin Family Law
The amendments that commenced on 10 June 2025 allow courts to make clear, enforceable decisions about certain pets following separation.
If you need advice or assistance regarding companion animals as part of a separation or property settlement, contact Daykin Family Law for expert family law legal guidance.
