Pets are often considered part of the family, which can make deciding where they will live after a separation especially difficult—particularly when the pet was purchased jointly or when children have a close attachment to it.
Changes to the Family Law Act 1975 (Cth) (‘the Act’), which took effect on 10 June 2025, now specifically address how family pets or companion animals are treated during a separation.
How pets were treated before 10 June 2025
Previously, pets were treated the same as any other property of the relationship, similar to motor vehicles or household items. Decisions about pets were generally made as part of the property settlement process.
New definition of “companion animal”
The recent amendments introduce a dedicated definition of a companion animal. A companion animal is one kept by one or both parties to a marriage or de facto relationship primarily for companionship. The definition does not include:
- an assistance animal (as defined under the Disability Discrimination Act 1992);
- an animal kept for business purposes;
- an animal kept for agricultural purposes; or
- an animal used for laboratory testing or experiments.
This means animals kept for farming, work, disability support, or income generating purposes are excluded. Most family pets, such as a household dog, will fall within the new definition.
What the Court considers when deciding pet arrangements
Under the amended Act, the Court must consider a specific range of factors when deciding who should keep a companion animal. These include:
- how and under what circumstances the pet was acquired;
- who currently owns or possesses the pet;
- the level of care each party provided, including financial contributions;
- any family violence perpetrated by one party against the other;
- whether the pet has been abused or threatened as part of family violence;
- the attachment or relationship each party and any children have with the pet;
- each party’s proven ability to care for the pet in future without the other’s support; and
- any other relevant circumstances the Court considers important.
The Court can make both interim and final orders about who will keep the pet or whether the pet must be sold. However, because pets remain part of property under the Act, the Court cannot make orders for shared ownership or shared care arrangements.
Reaching an agreement about your pets
As with any family law issue, you and your former partner can reach your own agreement about where your pet will live and who will be responsible for its care. This can be formalised through either consent orders or a financial agreement.
Your written agreement can set out who will own the pet and/or whether the pet will be sold along with any other agreed division of property.
In the case of consent orders, the Court will formalise the agreement if it is considered just and equitable.
Get help from a family lawyer
Deciding on arrangements for a beloved pet can be challenging. If you need assistance with property settlement or determining future care for your pet, our experienced family lawyer can guide you through the process and help you understand your options.