Companion Animals and Separation: What the Family Law Amendment Act Means for Pet Ownership Disputes

When relationships end, the question of who retains the family pet can be a source of significant emotional distress. For many Australians, pets are not just animals—they are companions and integral members of the family. Yet, until recently, the legal framework for resolving pet-related disputes in family law matters was limited and outdated.

With the introduction of the Family Law Amendment Act, there will now be a clearer, more compassionate framework for dealing with companion animals in property settlements when the changes come into effect on 10 June 2025. While these reforms mark an important step forward, it is important to understand both what the amendments will change—and what they will not.

Pets Are More Than Property—But Still Not People

Under the Family Law Act 1975 (Cth), pets have traditionally been treated as chattels—that is, items of personal property. Decisions about pet ownership following separation were typically based on who purchased the animal or whose name appeared on its registration.

The recent amendments introduce a more thoughtful and contemporary approach. Courts are now encouraged to consider the welfare of the animal, including:

• Which party has been primarily responsible for the care of the animal;
• The capacity of each party to meet the animal’s ongoing needs;
• Any family violence to which one party has been subjected or exposed by the other party; 
• Any history of actual or threatened cruelty or abuse by a party towards the companion animal;
• The bond between the animal and any children of the relationship; and
• The emotional connection between each party and the animal.

This represents a significant evolution in family law, reflecting society’s growing recognition of pets as more than mere property.

Limitations: No Power to Order Shared Ownership or Custody

Despite these important reforms, the court’s powers remain limited in one key aspect: it cannot make orders for shared ownership or possession of a companion animal.

This means that, even if both parties have a strong attachment to the pet, the court must ultimately award the animal to one person. Unlike parenting matters, the court cannot impose a schedule, visitation rights, or joint ownership arrangement for pets.

This legal limitation is important for separating couples to understand. If a shared care arrangement is desired, it would need to be reached through mutual agreement, not through judicial determination.

Resolving Pet Disputes Through Agreement

While courts cannot impose shared pet arrangements, separating parties can negotiate and agree upon their own terms. These may include shared care, alternating weeks, joint financial responsibility, or agreed visitation.

These types of arrangements are often reached through mediation or family dispute resolution (FDR) and may be recorded in a written agreement or incorporated into a binding financial agreement.

Such agreements can work well when both parties maintain an amicable relationship and are committed to the arrangement. However, they come with an important limitation: they are difficult to enforce.

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Practical Guidance for Pet Owners

If you are separating and have a companion animal, consider the following steps:

1. Assess the welfare of the animal – Who can provide the best ongoing care?
2. Discuss arrangements early – Address pet ownership in the same way you would address other key assets.
3. Reach a private agreement if possible – Especially if ongoing shared involvement is desired.
4. Seek legal advice – A family lawyer can help you understand your rights and draft appropriate agreements.

Conclusion

The Family Law Amendment Act introduces important reforms that better reflect the emotional and practical realities of pet ownership in modern families. By encouraging courts to consider the welfare of companion animals, the law takes a more compassionate and realistic approach to these disputes.

However, it is important to note the court’s inability to order shared possession or joint ownership of pets. Where both parties wish to remain involved in a pet’s life, negotiation and private agreement remain the most effective—and often the only—avenue for achieving this outcome.

For pet owners navigating separation, early legal advice and cooperative dispute resolution can help ensure the best possible outcome for both people and animals involved.

Get Ahead with Expert Legal Guidance

Trust Aylward Game Solicitors to Navigate Your Legal Challenges

Schedule Your Appointment Now

Call Us (1800) 217 217

Need legal advice on family law and companion animals?

Our experienced family law team can guide you through the process with empathy and expertise. Contact us to book a confidential consultation.