Navigating Companion Animals in Family Law Property Settlements: Changes Effective from 2025

In the ever-evolving landscape of Australian family law, recent amendments to the Family Law Act 1975 have introduced significant updates aimed at making property settlements fairer and more reflective of modern family dynamics. One noteworthy change, effective from June 2025, allows courts to formally consider companion animals (commonly known as family pets) when dividing property after separation.

For many Australian families, pets are cherished members of the household, providing emotional support and companionship, especially during challenging times like relationship breakdowns. Previously, pets were often treated simply as property under the law, similar to furniture or vehicles, with ownership determined based on contributions or legal title. This approach frequently led to emotional disputes and overlooked the wellbeing of the animal and the bonds formed with family members.

Key Changes Introduced in 2025

The Family Law Amendment Act 2024 recognises the unique role pets play in families by empowering courts to make specific orders regarding companion animals in property proceedings. Courts can now:

• Determine who retains ownership of the pet.
• Order the transfer of ownership from one party to the other or a sale of the pet.
• Consider factors such as the pet's welfare, the emotional attachment of family members (including children), and any history of care provided by each party, among other factors.
  
  

These provisions build on broader reforms that emphasise fairness, including the explicit recognition of economic impacts from family violence. While pets are still classified as property (not children), this update ensures decisions are more holistic and compassionate.

Importantly, these changes apply to both married and de facto couples, and they encourage parties to reach agreements outside of court where possible—through negotiation, mediation, or consent orders.

Practical Implications for Separating Couples

If you and your former partner disagree about who keeps the family dog, cat, or other pet:

1. Prioritise Agreement: Many couples successfully resolve pet arrangements amicably, often agreeing on primary ownership based on practical factors like living arrangements and the pet's routine.
   
   
2. Consider the Pet's Best Interests: Courts will look at evidence of who has been the primary carer, veterinary records, the ability of each party to care for the animal without support from the other party and the impact on children if applicable.
   
   
3. Seek Early Advice: Documenting your contributions (e.g., purchase receipts, vet bills) can strengthen your position.
   
   

At Kells, our experienced family law team has seen how disputes over pets can add unnecessary stress to an already difficult process. We recommend addressing this issue early in property settlement discussions to avoid prolonged conflict.

How Kells Can Assist

Our accredited family law specialists in Wollongong, Sydney, and the Illawarra are up-to-date with the 2025 amendments and can guide you through property settlements that consider all assets—including your beloved pets. We focus on practical, client-centred solutions, whether through mediation or court applications, to achieve fair outcomes efficiently.

If you're navigating separation and have questions about pets, property division, or any family law matter, contact us for a confidential initial consultation. We're here to support you during this transition.