Changes to the Family Law Act: What pet owners need to know

Back in 2019, I wrote an article on how disputes around pet ownership were determined by the Family Law Courts. At the time, I opined that there were limited guidelines for resolving a dispute about who should retain ownership of a family pet. The law required Family Law Courts to view pets as chattels or personal ‘property’, much like the family car or home.

From 10 June 2025, the law will explicitly empower courts to make orders about “companion animals.” The upcoming amendments to the Family Law Act 1975 (‘the Act’) are intended to provide clearer guidance when ownership of animals becomes a point of contention in property proceedings, marking long-awaited recognition of the important role pets play in Australian households.

What are the changes?

In property proceedings, courts are empowered to make the following orders:

• That one party has sole ownership of the animal;
• That the animal be transferred to another person with their consent;
• That the animal be sold.

Importantly, the court cannot make orders for shared ownership or shared care.

What is a companion animal?

The Act defines a companion animal as an animal kept by the parties to a marriage or de facto relationship for the purpose of companionship.

A companion animal is not:

• 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.

Key considerations

The new provisions allow courts to consider a range of factors when determining who should retain a companion animal following the breakdown of a relationship. These include:

• Whether the animal was acquired before or during the relationship and how it was acquired;
• The extent to which each party has cared for the animal, including feeding, exercising, vet visits etc.
• The attachment any children to the relationship have with the animal;
• The capacity of each party to care for the animal post-separation (e.g. housing, time, financial resources);
• Any evidence of family violence that one party has been exposed to during the relationship;
• Any actual or threatened abuse by a party towards the animal.

What can pet owners do leading up to and after separation?

If you are separating and a beloved pet is involved, here are some steps to consider:

1. Document your role in the animal’s care – including keeping receipts of food, vet bills, training etc.;
2. Seek early legal advice to understand your options and rights under the new laws;
3. Consider mediation – pet-related disputes can often be resolved amicably with the help of a neutral third party;
4. Include pet provisions in property agreement – ensure that any formal agreement or orders reflect the agreement with respect to retention of the animal.

If you’re going through a separation and are concerned about what will happen to your pet, we can help you understand your rights under the new laws and advocate for you to receive a favourable outcome. For personalised advice, contact us today at Turnbull Hill Lawyers.