What Happens to the Family Pet in a Divorce?
~ Not legal advice ~ just great information
For many people, a family pet is not “just property”. It’s part of the household, part of daily life and deeply loved. (We have a DivorceWorks pup, she’s a Pomsky, half pomeranian / half husky - a big ball of fluffy energy.)
Australian family law does not really reflect that reality. Up until recently pets were treated in much the same way as furniture or appliances when relationships broke down. Things changed in June 2025 when amendments to the Family Law Act 1975 (Cth) introduced a more nuanced approach to pets following separation and divorce.
The changes don’t create pet custody in the way that’s available for children, but they do mark an important shift.
Here’s what you need to know.
Pets are now recognised as “companion animals”
Under the amended Family Law Act, pets are now referred to as “companion animals.”
This change in language matters. Companion animals are still dealt with under property law, but they are no longer treated in exactly the same way as other household items.
In broad terms, a companion animal is an animal kept primarily for companionship by one or both parties to a marriage or de facto relationship.
The law now recognises that pets occupy a unique position sitting somewhere between emotional attachment and property ownership.
What animals are excluded?
Not every animal falls within the new companion-animal framework.
The Act specifically excludes:
Assistance animals (such as guide dogs)
Animals kept for business or commercial purposes
Animals kept for agricultural or primary production purposes
Animals used for laboratory testing or research
If an animal falls into one of these categories, it will continue to be treated as property without the nuanced provisions that apply to companion animals; if relevant, seek specific legal advice on how such excluded animals would be treated in your circumstances.
What the Court can consider
If a dispute about a companion animal ends up before the Court, the Act expressly sets out practical and welfare based factors for judges to consider in deciding what orders to make about the animal.
Relevant considerations may include:
Who has cared for the animal on a day-to-day basis
Who has paid for veterinary bills, food, registration and other ongoing costs
Where the animal will realistically live going forward
Each person’s capacity to care for the animal in the future
Whether there has been family violence involving the animal, including threats or harm
This represents a meaningful shift away from a purely financial analysis. The Court can now look at the reality of the animal’s life and care arrangements, not just who paid for it.
That said, the Court’s approach remains practical, not sentimental.
What the Court cannot do
Despite the changes, there are clear limits.
The Court typically does not make shared custody or visitation orders for pets because there is no equivalent of parenting orders for animals.
In practice, this means:
One person will be legally responsible for the companion animal
The Court may order that ownership be transferred to one party
Informal sharing arrangements are possible by agreement, but they are not necessarily enforceable by the Court.
This often surprises people, particularly where both parties feel strongly attached to the pet.
Why agreement matters more than ever
Because pets sit at the intersection of family members and property law, disputes about animals can escalate quickly.
Given the emotional complexity of this topic, it is often preferable for parties to agree on what will happen to a companion animal between themselves and:
Resolve the issue early
Record the agreement clearly (for example, in consent orders or a broader property settlement)
Avoid using the animal as leverage in wider negotiations
Courts are alert to tactical behaviour around pets, particularly where animals are used to exert pressure or control during separation.
The bottom line
The June 2025 changes to the Family Law Act recognise something many people already knew: pets are different to property!
While they are still dealt with technically in the same category as property, Courts now consider things like who actually cares for the animal and what arrangement makes sense in the real world.
If you are separating and a pet is involved, early advice can help you avoid turning a deeply personal issue into a costly legal dispute.
