Pets – out of the doghouse and into the Family Law Act

Family law proceedings can be a dog’s breakfast at the best of times, but have you considered what would happen to your furry friends in the event of separation?

New amendments to the Family Law Act 1975 (FLA) came into effect on 10 June 2025, introducing a raft of changes to the financial aspects of a separation. One of these changes relates to pets.  

Prior to the amendments, the FLA did not define a ‘pet’ for the purpose of separation. Instead your loveable fluffballs were grouped in with all matrimonial property. This meant that pets were treated in the same way as general property to be divided between a former couple, with a court being able to order that an animal be cared for solely, jointly or in exclusion of either party. 

All that has changed.  

What is a pet? 

The FLA now defines a pet or ‘companion animal’ an animal that is kept primarily for companionship. Assistance animals or animals kept as part of a business and/or for agricultural purposes are excluded from this definition, and therefore will still be dealt with as property. 

An animal that is kept for more than one purpose is excluded from this definition and would also be dealt with as property. Most commonly, sheep dogs will fall into this category. 

How does the FLA now treat pets? 

The court is now compelled to make orders to specifically deal with pets, and is required to either: 

• award sole custody of the pet to one party to the exclusion of the other party; or 
• order the pet to be sold with the proceeds to be added to the property pool, or 
• order the pet be transferred to a third party (such as a shelter). 

In determining whether one party is to be awarded custody of the animal, the court must consider relevant factors including: 

• how the pet was obtained; 
• who cared for the pet; 
• attachment of one party to the pet; 
• family violence factors;  
• whether or not there has been any abuse or threatened abuse towards the pet; and 
• future ability to care for the pet. 

While pets are, and will continue to be, viewed as property, the major shift will be the extent of that definition. In the past pets could be treated in a similar way to children, giving parties the ability to care for a pet jointly, and while ultimately many people may see their pets as their children, the courts will now view pets exclusively as property.  

Can a separating party still care for a pet jointly? 

The simple answer is yes. However, for this to occur, both parties would have to agree prior to entering into court proceedings. 

Why the change? 

The court’s duty is to end the financial relationship between the parties. Previously, when parties would jointly care for a pet, there would be an ongoing financial relationship which could lead to manipulation or even family violence. These changes are aimed to protect victims of family violence but also sever any financial connection that the parties may have. 

Need to know more? 

If this article raises questions for you, please don’t hesitate to contact our Family & Relationship Law team via email at [email protected] or by calling 1300 547 529. 

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