Who Gets the Dog After Separation? Pets and Property in Family Law
As of June 10, 2025, significant amendments to the Family Law Act 1975 will come into effect, introducing a new framework for handling family pets—referred to as "companion animals"—in property settlements. These changes acknowledge the unique role pets play in families and aim to provide clearer guidelines during separations.
For many families, pets are more than property — they’re family. But under current family law in Australia, animals are treated as property, which can complicate disputes. This blog explores how pets are considered during separation and how mediation can help reach pet-friendly agreements.
Key Changes Regarding Companion Animals: Definition of Companion Animal: A "companion animal" is defined as an animal kept primarily for companionship. This excludes assistance animals (as per the Disability Discrimination Act 1992), animals kept for business purposes, agricultural animals, and those used in laboratory experiments.
Court's Authority on Companion Animals: The court can make specific orders regarding companion animals, including:
Granting sole ownership to one party.
Transferring ownership to another consenting individual.
Ordering the sale of the animal.
Notably, the court cannot mandate joint ownership or shared possession arrangements for companion animals.
Considerations for Court Decisions: When determining orders about a companion animal, the court must consider:
The circumstances surrounding the animal's acquisition.
Each party's level of care and financial contribution to the animal's upkeep.
Any history of cruelty or threats toward the animal by either party.
The emotional attachment between the animal and either party or any children involved.
Each party's capacity to care for the animal in the future.
Implications for Families: These amendments signify a shift in recognizing pets as more than mere property during separations. By considering factors such as care, attachment, and any history of violence, the law aims to ensure the well-being of companion animals and reflect their importance in family dynamics. Families undergoing separation should be aware of these changes and understand that the court will evaluate various aspects of pet ownership to make decisions that best serve the interests of the companion animal and the parties involved.
Do you need help mediating your property settlement matter and/or parenting arrangements and want to include the family pet into those negotiations? Dannielle Young Mediation can help you!
Get in touch today and book a mediation with me. Let’s start the mediation journey today so you can look to the future of finality of your family law dispute.
FAQ: Does the Family Court consider pets like children?
No — currently pets are legally considered property. However, mediation allows more flexible and compassionate outcomes.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For personalised guidance on your family law matters, please consider consulting with a qualified legal professional.
