In November 2024, the Australian Government made big changes to family law by passing the Family Law Amendment Bill 2024. One of the most important updates is how pets are treated when couple’s separate. This new legislation comes into effect in June 2025 clearly demonstrating pets being recognised as part of the family not property.
Pets Are More Than Property
Prior to the amendments, pets were treated as an asset of the relation no different to furniture or cars in a separation. Now the law requires a much deeper delve into the relationship and emotional connection with the pet and the owners. The goal is to help settle disagreements about who gets to keep the pet in a fair and thoughtful way.
What Is a Companion Animal?
As of June 2025 a companion animal will be defined in the Family Law Act as is a pet that is mainly kept for company. This includes common animals like dogs and cats, but it can also include birds, guinea pigs, or even alpacas. As long as the animal is kept for companionship, it can be considered under the new rules.
What is Not a Companion Animal
Not all animals are treated equal. The following are not considered companion animals under this law:
- Disability assistance animals, like guide dogs
- Animals used for work or business, like horses in riding schools
- Farm animals, such as cows or sheep raised for food or farming
- Animals used in scientific research or testing
How Does the Court Decide Who Gets the Pet?
If a separating couple can’t agree on who keeps the pet, the Court will look at several things before making a decision:
- Who originally purchased the pet
- Who had the pet after the couple split up
- Who looked after the pet day-to-day
- Who paid for things like food, vet bills, or grooming
- Who can best care for the pet in the future
- Whether there was any family violence
- Any history of actual or threats of cruelty or abuse towards the animal
- How the decision might affect the children (if any)
- Any other important factors
What Will the Court Decide?
Unlike children, pets won’t be shared between both parties. The Court will not create a “shared care” arrangement. Instead, it will either:
- Give the pet to one person
- Or, in some cases, order that the pet be sold and the money split between both people
Why This Matters
These changes show that the law is starting to reflect how people really feel about their pets, that they are part of the family, not just possessions. It also helps bring more fairness and clarity to what can be a very emotional part of a breakup. If you would like to know more on the impact the new legislation may affect you, contact Farrawell Family Law on (07) 5391 0362 or email admin@farrawellfamilylaw.com.au
