Significant Changes in Family Law: Pets Recognised as Companion Animals
For many families, pets are more than just animals—they are cherished companions and members of the family. However, disputes over pets during separation have historically been a challenging and often overlooked area of family law. On 10 December 2024, the Albanese Government introduced significant amendments to address these concerns, set to commence on 10 June 2025. These changes formally recognise pets as companion animals, marking a major shift in how such disputes are handled in property settlement proceedings.
What is a Companion Animal?
Under the new amendments, a “companion animal” is defined as:
An animal kept by the parties to a marriage or de facto relationship primarily for companionship, but excluding:
- An assistance animal within the meaning of the Disability Discrimination Act 1992;
- An animal kept as part of a business;
- An animal kept for agricultural purposes; or
- This definition underscores the special status of pets kept for companionship, distinguishing them from other categories of animals.
- An animal kept for use in laboratory tests or experiments.
Key Changes in the Law
The new amendments empower the court to make specific orders regarding companion animals, such as:
- Granting ownership to one party.
- Transferring the companion animal to a consenting third party.
- Ordering the sale of the companion animal.
The Court will consider various factors when making these decisions, including:
- How the pet was acquired.
- Who has ownership or possession of the pet.
- The extent of care and maintenance provided by each party.
- Any history of family violence.
- Any actual or threatened cruelty or abuse by a party towards the pet.
- The attachment of a party or child to the pet.
- Each party’s demonstrated ability to care for the pet independently in the future without support of the other party.
- Any other fact or circumstances that the Court thinks should be taken into account.
These considerations reflect a more nuanced approach to disputes about pets, acknowledging their emotional significance in families.
Historical Challenges in Pet Disputes
Historically, disputes over pets have rarely been resolved in family law courts. Judges often prioritised decisions about children and other assets due to time constraints, as observed by Justice Altobelli:
“If a judge is faced with the choice of spending time hearing a case and writing a judgment on where a dog should live or spending the same time on where a child should live, the proper choice is to devote scarce judicial resources to the decision about the child.”
While the law treats pets as property, Courts have occasionally acknowledged the emotional attachment parties have to pets. Factors such as who purchased the pet, who paid for its upkeep, and whose name is on the pet’s registration or microchip have also been considered. In some cases, the Court has considered who has cared for the pet on a day-to-day basis and the pet’s welfare.
Recognising the Role of Pets in Domestic Violence
Studies such as one released by the Australian Insitute of Family Studies in April 2024 highlight the intersection of pet ownership and domestic violence. Evidence shows that perpetrators may harm or threaten family animals as a means of exerting control over victim-survivors, causing significant emotional distress. Many victim-survivors report staying with, delaying leaving, or returning to perpetrators out of fear for their pets’ safety. These findings underscore the importance of the new amendments in providing better protections for companion animals and their owners.
Need Advice on How These Changes Affect You?
If you’re navigating a separation and have concerns about your pets, Powell Family Law can help. We understand the deep emotional connection you share with your companion animals and are here to provide guidance on these new legal developments.
Let’s work together to protect what matters most—family, in all its forms.
