For many Australians, pets aren’t property — they’re family.
They offer comfort, stability and unconditional love, especially during times of upheaval. So when a relationship breaks down, it’s no surprise that disputes about beloved pets can become deeply emotional and fiercely contested.
Until recently, the law did not fully reflect that reality. Now, family law has finally caught up.
A Significant Change in Australian Family Law
In 2024 (commencing 6 May 2024), amendments to the Family Law Act 1975 (Cth) introduced a new legal framework for dealing with pets — now referred to as “companion animals.”
While pets are still dealt with as part of property proceedings, the court is now required to consider their care and welfare, rather than treating them like a piece of furniture or a vehicle.
This marks a major shift in how pet disputes are approached after separation.
How Courts Now Decide Who Keeps the Pet
When determining ownership of a companion animal, the court may consider factors such as:
- Who has been the primary caregiver
- Who pays for food, vet bills, grooming and insurance
- The animal’s living environment and stability
- Any history of family violence, including threats or harm involving the pet
- Each party’s capacity to meet the animal’s ongoing needs
The focus is no longer simply “who bought the pet,” but rather which outcome best supports the animal’s welfare.
Importantly, the court will not order shared custody or visitation schedules for pets. Instead, it will make a clear, final decision to avoid ongoing conflict and instability.
Why Pet Disputes Are Different
Pet-related disputes require a careful balance of:
- Legal precision
- Practical outcomes
- Emotional intelligence
Handled poorly, these matters can escalate quickly and derail what might otherwise be a straightforward property settlement.
That’s why specialist legal advice can make a significant difference.
How We Can Help
Our firm assists clients with:
- Pet disputes as part of property settlements
Applications where pets were not addressed in earlier orders - Negotiating consent orders that include companion animals
- Advice on pet-related issues, including where family violence is involved
- Strategic advice to keep pet matters contained and cost-effective
We understand that for many clients, keeping their pet isn’t about “winning” — it’s about protecting a relationship that provides emotional safety and continuity, especially for children.
Resolving Pet Disputes Without Unnecessary Conflict
Where possible, we focus on negotiated outcomes.
Where necessary, we provide strong and clear representation in court.
Either way, our goal is the same:
To secure an outcome that recognises your pet as part of your family — not just part of the asset pool.
Speak to a Family Lawyer Who Understands Pets
If you are separating and concerned about what will happen to your pet — or if existing property orders did not address them — early advice can make all the difference.
Contact us today to discuss your options and protect what matters most.
