Who Keeps the Pet? New Family Law Reforms for Companion Animals After Separation
For many Australians, pets are more than just animals—they are cherished members of the family. Whether it’s a loyal dog, a curious cat, or a talkative bird, the emotional connection between people and their pets can be profound. Unsurprisingly, when a relationship breaks down, disputes over who keeps the family pet can be one of the most difficult and emotionally charged issues to resolve.
Historically, Australian family law treated pets as personal property, much like furniture or a car. Courts have generally been reluctant to make specific orders regarding animals in property settlements, leaving separating couples to resolve such matters privately. However, with the introduction of the Family Law Amendment Act 2024 (Cth), that is about to change.
From 10 June 2025, separating couples will have greater legal clarity when it comes to resolving disputes over their pets. The amendments formally recognise companion animals as a unique form of property—acknowledging their emotional value and the role they play in family life.
What Is a “Companion Animal”?
The amendments introduce a new definition into section 4(1) of the Family Law Act 1975 (Cth). A companion animal is now defined as:
Any animal kept by one or both parties to a marriage or de facto relationship primarily for the purpose of companionship, but not including:
- animals used for disability assistance,
- animals kept as part of a business,
- animals used for agricultural purposes, or
- animals kept for laboratory testing or experimentation.
If an animal falls outside this definition—for example, livestock or assistance animals—it may still be dealt with in a property settlement, but under the traditional framework of general property law.
New Court Powers Regarding Companion Animals
Under the new sections 79(6) (for married couples) and 90SM(6) (for de facto couples), the Court may now make specific orders regarding companion animals. These include:
- Awarding ownership to one party;
- Transferring ownership to another person, provided that person consents; or
- Ordering that the animal be sold, if appropriate.
These orders can be made on either an interim or final basis, allowing for flexibility throughout the proceedings.
How Will the Court Decide?
The Court is now required to consider a range of factors before making an order regarding a companion animal. Under the new sections 79(7) and 90SM(7), these include:
- The circumstances in which the animal was acquired;
- Who currently owns or possesses the animal;
- The extent to which each party cared for and financially supported the animal;
- Any incidents of family violence, including actual or threatened harm towards the pet;
- The emotional attachment of either party or a child of the relationship to the pet;
- Each party’s ability to care for the animal in the future, independently;
- Any other factor the Court considers relevant to achieving a just outcome.
These considerations reflect a more nuanced and compassionate approach than was previously available under family law.
A Practical Example: Downey & Beale [2017]
Although predating the legislative reforms, the case of Downey & Beale [2017] FCCA 316 offers useful insight into how courts may apply these factors in practice.
In that case, the husband purchased a dog as a gift for his wife. After separation, the husband registered the dog in his name and claimed ownership. However, the wife had been the primary caregiver—providing food, medical care, and shelter since the dog’s purchase.
The Court ultimately found that although the husband had paid for the dog, the wife’s ongoing financial and non-financial contributions (and her role as the primary carer) were significant. Accordingly, she was awarded ownership of the dog.
This outcome foreshadows how future courts may weigh the holistic picture—beyond mere purchase price or registration—when determining pet ownership.
The Role of Family Violence
Importantly, the new legislation places increased emphasis on the safety and wellbeing of animals following separation. Evidence of family violence, including actual or threatened cruelty to a pet, will now be a relevant factor in deciding who should retain ownership.
This reflects growing recognition of the link between domestic violence and animal abuse and reinforces the Court’s role in safeguarding the welfare of all vulnerable parties—including pets.
Practical Steps for Pet Owners
For individuals navigating separation who wish to retain care of a pet, it is advisable to:
- Keep records of pet-related expenses (e.g., vet bills, food, accessories, insurance);
- Retain evidence of registration, microchipping, and ownership details;
- Document caregiving responsibilities, including who walks, feeds, grooms, and transports the pet;
- Maintain correspondence that shows emotional bonds (e.g., text messages, photos);
- Record any relevant incidents of family violence or mistreatment involving the animal.
These documents may be invaluable should a dispute arise, and the matter be brought before the Court.
Conclusion
The upcoming reforms mark a significant and welcome shift in how the law treats animals in the context of family breakdowns. By acknowledging pets as companion animals—not just items of property—the law better reflects the emotional realities of modern family life.
If you are facing separation and concerned about the future of your pet, our family law team can help you understand your rights and options under the new legal framework.
Because when families separate, pets deserve a safe and loving home too.
Aggie Vlahos | Partner | [email protected] | 0405 995 057