Family pets that meet the definition of a companion animal will be considered a separate form of property under the framework of the Family Law Act 1975 (“the Act”) from 10 June 2025. While companion animals will still be regarded as a form of property, this change implemented by the Family Law Amendment Act 2024 aims to recognise the unique qualities of pets as property by elevating their status to reflect the emotional attachment that many owners have with their pets.
A family pet is considered by many to be synonymous with a child, and parties to family law disputes will often seek that their family pet be subject to care arrangements similar to those of children. However, this only works if parties are amicable and is not something that the court will make orders about. The new amendments confirm that it is not open for the court to make orders for shared care of a companion animal.
Relevant Legislation
The process for determining who keeps the family pet from 10 June 2025 will be as follows:
1. An animal or pet must first meet the definition of a companion animal under section 4(1) of the Act.
Companion animal means an animal kept by the parties to a marriage or either of them, or the parties to a de facto relationship or either of them, primarily for companionship, but does not include:
An assistance animal within the meaning of the Disability Discrimination Act 1992; or
An animal kept as part of a business; or
An animal kept for agricultural purposes; or
An animal kept for use in laboratory tests or experiments.
2. The Court may only make one of three orders about companion animals under section 79(6) (or section 90SM(6) in the case of de facto relationships).
These include:
That only one party, or only one person who has been joined as a party to the proceedings, is to have ownership of the companion animal; or
That the companion animal be transferred to another person who has consented to the transfer;
The companion animal be sold.
This means that the court cannot make orders for the shared care of a pet or companion animal.
3. The court must refer to a non-exhaustive list of considerations under section 79(7) (or section 90SM(7) in de facto relationships) in determining what order to make about a pet or a companion animal.
These considerations are:
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 demonstrated ability of each party to care for and maintain the companion animal in the future, without support or involvement from the other party;
Any other fact or circumstance which, in the opinion of the court, the justice of the case requires to be taken into account.
This new framework also aims to support survivors of family violence in retaining their companion animal and recognises that pets can often be used by a perpetrator of family violence as a tool to coerce or control a victim.
If you or someone you know is considering what to do with their pet as part of a separation, our specialist family lawyers at Robinson + McGuinness can provide you with assistance. To arrange an appointment with one of our family lawyers, please complete the enquiry form below or call us on (02) 6225 7040 or email at info@rmfamilylaw.com.au, or get started now online.