Under Australian law, pets have long been considered property. That meant deciding who got to keep the dog, cat, bird or lizard was handled in much the same way as deciding who kept the car or the couch. But for most Australians, pets are not just assets. They are part of the family.
A shift in the law
The Family Law Amendment Bill 2024 introduced a more considered approach to how pets are treated in separation and divorce. It moves away from viewing them as items of property and instead acknowledges their role as companion animals with emotional and relational significance. These reforms give courts clearer direction when resolving disputes involving pets, taking into account both the circumstances of ownership and the wellbeing of the animal.
Why the changes were introduced
Previously, the law lacked the ability to distinguish between a pet and any other personal possession. This often led to outcomes that did not reflect the importance of the animal to the family, or the practical realities of its care.
As the public’s understanding of animal welfare has evolved, so too has the expectation that legal frameworks should reflect those values. The amendments aim to bring family law in line with how people actually live and care for animals.
Key Provisions in the Amendment
Recognition as Companion Animals
As of June 10, 2025, pets are now formally recognised as companion animals in family law matters. This change allows the court to consider their emotional value and the dynamics of their relationship with each party.
Factors the Court May Consider
When determining who retains ownership of a pet, the court may now take into account:
- How and when the pet was acquired
- Who has provided day-to-day care
- Financial and non-financial contributions to the animal’s welfare
- Each party’s future capacity to care for the pet
- Any relevant evidence of family violence, including threats or harm directed toward the pet
These considerations provide a more complete picture of the pet’s place within the family and help the court make a decision that is practical and fair.
No Orders for Shared Custody
The court is not empowered to order shared or rotating custody of pets. Instead, a single party will be granted ownership. This is intended to provide finality and avoid ongoing conflict after the property settlement has been finalised.
Implications for Families
These reforms encourage more thoughtful outcomes in disputes involving pets. For many people, animals offer consistency and emotional support during periods of change. The law now allows courts to factor in the animal’s wellbeing alongside the broader considerations of the separation.
The changes also highlight the value of preparation. Individuals who hope to retain a pet should be ready to demonstrate their role in the animal’s care, as well as their capacity to continue providing for its needs. Early legal advice can help parties understand how to present this information effectively.
With clearer guidance in place, family law practitioners are better equipped to advocate for clients when companion animals are part of the proceedings. The reforms also signal a broader legal shift toward recognising the complexity of modern family life.
The Family Law Amendment Bill 2024 marks a welcome evolution in how Australian law approaches pet ownership in the context of separation. By recognising the emotional role of animals in families and giving courts greater discretion in handling pet-related disputes, the law is now more aligned with community values.
At NLS Law, we understand that separation involves more than dividing assets. It often means making decisions about the individuals — and animals — that matter most. If you are navigating a separation and need legal advice about pet custody, our family law team can provide clear, practical guidance.