Background
Prior to 2025, for the purposes of divorce and separation, pets were considered just like any other chattel or item of personal property, lumped in with the cars and the couch that you’ve always loved. Although, the treatment of pets as personal property does not sufficiently capture the depth of emotional connection that many of us develop with our furry friends. From 10 June 2025, the legislation changed.
Legislative Changes: Companion Animals
Effective changes to the Federal Family Law Act 1975 resulted in the production of the Family Law Amendment Act 2024, which includes the definition of a companion animal. A companion animal is defined to mean just that; a pet kept for the primary purpose of companionship (excluding assistance, business and agricultural animals) between the parties of a marriage or de facto relationship. We discuss property settlements for de facto couples in our article here.
This legislative addition allows for asset division and property settlement to consider the welfare and bonds of the family and their pet. Courts are now set to consider factors such as:
- The pet’s primary carer;
- The party responsible for the pet veterinary expenses;
- The party with a stronger emotional bond with the pet;
- The party whose home environment is more suitable to facilitate the pet; and
- Whether any of the parties have a history of animal abuse or neglect.
Further, the Court has been provided with the authority to order that the pet be:
- Assigned to one party;
- Transferred to another party; or
- Sold in some cases.
Practical Implications
By shifting to an approach which is designed to prioritise the best interests of the pet, rather than determining ownership based on the purchaser or registered owner of the pet in the first instance, there is hope that pet custody will now take a more welfare-based approach. To many, this will mean that the custody determination of their four-legged friends will now recognise the emotional significance of the personal relationships at play more closely. Fundamentally, this legislative reform aims to reduce conflict between the parties during what is often already a difficult time for all involved, including the dog.
As members of the Family Law Section, Wadlow Solicitors can assist in divorce & separation matters and property settlements involving pets. For further information, contact (08) 8212 2955.
