Claws in the Contract: Divorce, Pets, and the New Family Law Act

When a relationship breaks down, there’s no shortage of difficult decisions to make, whether it’s about dividing property, parenting arrangements, or finances. But for many couples they are left wondering about what happens to their family pet.

For many Australians, pets aren’t just animals, they’re treasured members of the family. Whether it’s a loyal dog, a purring cat curled up on your lap every night, or another much-loved companion, deciding who will keep the pet after separation can be extremely stressful and emotional in already difficult time. Until recently, the law didn’t reflect the emotional bonds between pets and their owners, and pets were not formally considered under the law. But this has now changed.

A Shift in the Law: Recognising Pets as Companions

Prior to the introduction of the Family Law Amendment Act 2024, which came into effect on 10 June 2025, the law treated pets as if they were the same as any other item of property. In other words, your dog or cat was considered no different from a lounge or car when it came time to divide assets during separation. The emotional relationship between owners and their pets and the well-being of a pet has generally not been considered under the law.

While pets will still technically fall under the definition of “property” under the Family Law Act 1975 (Cth), the Family Law Amendment Act 2024 introduces a new framework. The law now treats certain pets as companion animals and this change recognises the emotional relationship between pets and their owners.

This doesn’t mean pets are treated like children under the law, but it does mean that the Courts can now consider the care and welfare of companion animals when determining who they should live with after a separation. This is a welcome change for pet owners going through separation and reflects the ability of the law to develop alongside a society that treat pets as beloved members of the family.

What is a Companion Animal?

The Family Law Amendment Act 2024 defines a companion animal as “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 the purpose of companionship.” This definition explicitly excludes assistance animals, animals kept as part of a business, animals kept for agricultural purposes and animals kept for use in laboratory tests and experiments.

This definition of companion animal recognises the unique and emotional role that pets play in their owner’s lives, and this is a long-awaited positive change in the law for pet owners.

How the Court will Decide who Keeps the Pet

If you and the other party to your separation can’t agree on who keeps the pet, here’s how the Family Law Amendment Act 2024 could affect you and your furry companion.

When making orders that involve pets, the court can now consider:

How the pet came into the relationship
This includes considering the circumstances of how the pet was acquired. Was the pet bought into the relationship by one party? Did the parties jointly purchase the pet?
Who has ownership or possession of the pet
The Court will take into account whose name is on the registration and microchip as an indicator of ownership. Similarly, the Court will also take into account who has possession of the pet during the court proceedings.
Who has been the primary caregiver of the pet
This includes who regularly feeds the pet, takes it to the vet, walks it, and generally ensures its day-to-day needs are met. The Court will also take into consideration past contributions made towards the maintenance of the pet.
The emotional bond and relationship between the pet and the family, whether this be a party to the proceedings or a child of the relationship
The emotional relationship between the pet and each party to the separation (and any children to the relationship) may now be taken into account, particularly if the pet provides emotional support or comfort.
Pets often play a key role in a person’s emotional wellbeing. If the pet has a strong connection with the parties or the children to the separation, the Court may decide that it is more appropriate for the pet to remain with the parent who has primary care of the children.
The parties’ abilities to care for the pet and meet their welfare needs
This involves looking at future care arrangements, including housing, time availability, financial capacity to meet the pet’s ongoing needs, and whether there are other pets or children in the household. The Court will consider what will be in the best interests of the pet.
If there has been any family violence and the impact of this on the pet
The new amendments acknowledge that pets can be weaponised and caught in the middle of relationships involving family violence. In cases where family violence has occurred, the court may consider whether the pet’s safety or welfare has been compromised and what arrangement would provide the safest and most stable environment. If one person has a history of abusing or threatening a pet, this will be a major factor in deciding ownership of the pet.
Any other relevant circumstances that the Court requires to be taken into account

With the new changes now in place, the Court will consider those factors and has the authority to make either interim or final orders.

The authority of the Court to make interim orders regarding the ownership of pets, acknowledges the need for the pet to have a stable home during an already difficult and uncertain time.

When it comes to final decisions, the Court can make three final decisions regarding companion animals:

Award sole ownership of the pet to one party
Transfer ownership of the pet to one party
Order the pet to be sold

Despite the changes to the law, it is important for pet owners to understand that the Courts cannot order shared care or joint ownership of a companion animal. These arrangements can only occur through mutual agreement by the parties, such as through negotiation, mediation or conciliation. These shared care arrangements are not capable of being enforced through the Family Law Courts.

Practical Tips for Pet Owners Going Through Separation

If you are separating and concerned about your pet’s future, here are a few practical steps to consider:

Keep records: Document who has primarily cared for the pet, feeding, vet appointments, training, etc. These details may support your position in negotiations or Court.
Think ahead: Consider your living situation post-separation and how this will impact your pet. Will your housing allow pets, and if it does is it suitable for pets? Do you have time and financial resources to continue care? Can the wellbeing of your pet be maintained?
Be open to negotiation: Resolving pet matters early and respectfully, ideally through negotiation, mediation or conciliation, can reduce stress and cost. There is also greater flexibility in negotiating outside of the Court, as parties to a separation can consider shared care arrangements, but this cannot be ordered by the Court.
Include pets in formal agreements: Pets can be included in Binding Financial Agreements or Consent Orders, providing clarity and legal enforceability to your arrangements. By including arrangements about pets in a BFA or Consent Orders this can cover who owns the pet and what happens to the pet in the future.

At Fulcrum Family Law, we understand that pets are often not seen by our clients as simply an item of property. They are often cared for as if they were children, give purpose and are an important part of their daily life. Whether you want to include pet arrangements in a property settlement or simply understand your rights, our team can provide practical and compassionate legal guidance.

Please reach out to one of our lawyers to understand how your furry family members may be treated under the new Family Law Act 1975 (Cth).