Historically, the law has treated pets as property. However, the Federal Government have passed laws to amend the Family Law Act 1975 (Cth), which allows for the Court to recognise pets as ‘companion animals’.

A companion animal (family pet) is an animal kept by the parties (jointly or separately) to a marriage or a de facto relationship for the purpose of companionship.

The Court, in making an Order, must consider a range of factors that only apply in relation to family pets. Among other things, this may include:

• Any cruelty or abuse towards the animal, including threatening behaviour as a form of family violence
• The attachment of each party, or children of the relationship to the family pets
• The ability for each party to provide care to the animal in the future
• The extent to which each party cared for, and paid for the maintenance of, the animal

The Court can order that one party retain an animal or that it be sold, but it cannot make an order for shared ownership of an animal. Since the changes haven’t come into effect, we are yet to see how the Court will apply the new legislation.

There are some classes of animals that will be excluded under this framework, including:

• Assistance animals within the meaning of the Disability Discrimination Act
• Animals kept as part of a business
• Animals kept for agricultural purposes
• Animals kept for use in laboratory tests or experiments

Importantly, the changes do not apply to existing final orders. If you have existing final orders for property, you should continue to follow them. The changes do not come into effect until 10 June 2025 and will apply to all new and existing proceedings (if your Final Hearing has not yet commenced).

Are you separating and have a pet to consider? We recommend speaking to one of our experienced family lawyers to gain an understanding of how the changes may impact you. You can get started here: .