Whilst many of us see the family dog as man’s best friend, for the longest time the Family Law Courts have seen family pets as property, to be dealt with and divided in the same way as people’s other property, like their furniture, houses and vehicles. However, we will soon see the family pet given greater consideration by the Courts, as changes to the Family Law Act have come into place as of 10 June 2025.
These changes will allow the Court to treat some pets as “companion animals” and apply different considerations when making decisions about who will have ownership of companion animals in property settlement disputes. A pet that is kept primarily for companionship will fall into this category. A companion animal would not necessarily include an assistance animal, or animal kept as part of a business or for agricultural purposes.
When working out who will keep a companion animal, the Court will look at things like:
- the circumstances in which the companion animal was purchased;
- who has ownership and/or possession of the animal;
- the extent to which each party cared for and paid for the maintenance of the animal;
- whether one party was subjected or exposed to family violence by the other party;
- any history of threatened or actual cruelty or abuse towards the animal by one party;
- the attachment of a party and/or a child of the relationship to the animal;
- each party’s demonstrated ability to care for and maintain the animal into the future, without the support of the other party; and
- any other circumstances the Court might think relevant to ensure the justice of the case.
There is no provision under the Family Law Act for the Court to make decisions around joint ownership of family pets or for sharing the care of a pet and that won’t change with the upcoming amendments to the Act. The Courts cannot make orders about sharing possessions of family pets either.
Many families have informal agreements in place around the care and time spent with a family pet following separation. For example, there may be agreement that the family pet will follow the children between the parents’ households or that a pet lives half of the year with one person and the balance of the year with the other. Whilst that can occur by agreement, the Court will not enforce those types of agreements or become involved if disputes arise around the ongoing care of a pet, other than to decide which person will have ownership of the pet.
If you have any questions about companion animals and how they may be treated in a property settlement after 10 June 2025, please do not hesitate to contact one of our solicitors for some further advice.
