Have you ever wondered what happens to the family dog or cat when you are deciding to separate?
Previously, the law had treated pets as property, similar to cars and furniture. However, recent amendments to the Family Law Act which is commencing on 10 June 2025 has introduced specific provisions for pets which are now formally recognised as “Companion Animals” when it comes to property settlements for both married and de facto couples.
The amendments recognise companion animals as their own category of property that can be transferred between parties. This change allows the Court and parties working to resolve matters amicably, to address care, ownership, and the future of the pet within a property settlement. The new provisions enable the court to make interim or final orders regarding the ownership or transfer of a companion animal.
To decide who should retain a companion animal, the Court will consider several factors, including:
1. Any attachment by a party or child of the relationship to the animal
2. The ability of each party to properly care for the animal in the future; and
3. The extent to which each party cared for and paid for the animals.
What is a Companion Animal
The legislation introduces the term “companion animal” to describe pets kept primarily for companionship, setting them apart from assistance animals, livestock, or animals used for farming or scientific purposes. This acknowledges the emotional role pets play in people’s lives and their significance within the family unit.
What if you can’t agree on who keeps the pet
If the parties cannot agree on who will keep the companion animal, the court has the option to make an order that the animal be sold. Whilst this may seem harsh, the ongoing costs of owning and caring for an animal can be substantial and, in some cases, this is the most practical outcome.
Companion Animals and Family Violence
The amendments also introduce provisions for cases involving family violence, particularly where companion animals are affected. The changes help the Court assess which party should retain ownership of a pet when allegations of domestic violence arise.
Some considerations include:
1. Whether the animal has been subjected to, or exposed to family violence by a party to the relationship; and
2. Any history of actual or threatened cruelty or abuse towards the animal.
In some cases, there have been instances where one party has euthanised a family pet without the other’s consent. In response, many veterinary practices have updated their internal policies, now requiring written consent from all registered owners before proceeding with any irreversible treatments or euthanasia.
HOW CAN OMNIA LEGAL ASSIST YOU?
If you are going through a separation and are concerned about what will happen to your family pet, its important to understand your rights and options under the new laws.
Our experienced family law team can provide advice to help you navigate these changes. If you would like to schedule an obligation-free complimentary phone consultation to talk through your option, call (07) 5415 0248 or email info@omnialegal.com.au.