When a relationship ends, the division of assets can be a contentious issue. Houses, contents and superannuation often take centre stage, however a growing area of dispute in family law property settlements is what is to happen with the family pet. For many, pets are not just property; they are members of the family and the attachment can make the outcome more difficult than the financial assets.
Under Australian family law, pets are classified as personal property. Unfortunately for many, they do not have the same standing as children and the Court cannot make orders for sharing “custody” of the family pet.
In recent changes to the Family Law Act 1975 (“the Act”) in June 2025 there is clarification as to what decisions the Court can make in relation to animals, in particular, “companion animals” and how they make that decision. The inclusion of these amendments recognise for the first time that certain pets are considered a specific category of property which orders can be made by the Court (either as final orders or interim orders made during proceedings).
A companion animal is defined under the Act as an animal kept by the parties to the marriage or de facto relationship, or either of them, primarily for the purpose of companionship. A companion animal does not include assistance animals, animals kept as part of a business, for agricultural purposes, or animals kept for the use in laboratory tests or experiments.
The orders that the Court can make for a companion animal are:
- An order that only one person to the marriage or party to the proceedings is to have ownership of the companion animal; or
- An order that that companion animal is transferred to another person who has consented to taking the animal; or
- An order that the companion animal be sold.
The Court does not have to make an order and can consider that it is not just and equitable to make an order regarding the family pet.
In considering what order (if any) should be made in relation to the ownership of the companion animal, the Court does not consider the contributions and current and future circumstances in the sense that they would for other forms of property. There are several factors that the Court is to take into account in relation to companion animals, including:
- The circumstances in which the companion animal was acquired. This may include considerations as to whether the animal was purchased or gifted and by who.
- Who has ownership or possession of the companion animal. This may include considerations as to whose name the animal is registered and where the animal has resided following separation.
- The extent to which each party cared for, and paid for the maintenance of, the companion animal. This may include who purchased the expenses for the animal, such as food, vet bills, who walked the animal, trained the animal, etc.
- Any family violence to which one party has subjected or exposed the other party. Animal abuse is a form of family violence and can be a part of coercive and controlling conduct, particularly if the victim of family violence has a strong attachment to the animal.
- Any history of actual or threatened cruelty or abuse by a party towards the companion animal. This can include considering physical cruelty or abuse and also neglect.
- Any attachment by a party, or child of the marriage, to the companion animal. This includes considerations as to attachment by the parties to the animal.
- The demonstrated ability of each party to care for and maintain the companion animal in the future, without support or involvement from the other party. The object of property settlements is to end the financial relationship between the parties, so the Court will want to be assured that the person who will retain the animal can do so without assistance of the other party.
- Any other fact or circumstance which, in the opinion of the Court, the justice of the case requires to be taken into account. This allows the Court to consider more broadly any circumstance that a party considers relevant to making a decision regarding the companion animal.
Reaching an agreement
Going to Court in a property settlement can be emotionally draining and costly, however in some cases it is necessary for a resolution to the matter.
Prior to commencing proceedings, negotiations can occur informally between the parties or through their solicitors, or the parties can attend mediation in an attempt to resolve the matter without intervention of the Court.
If agreement is reached regarding the ownership of the animal, the Court can make the necessary orders to put the agreement into effect.
Written by
Ashlea Taylor
Senior Associate
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