Property Settlements and Pets
Until recently, domestic pets were treated as general property when it came to making determinations in a property settlement. Since June 2025, however, the Family Law Act 1975 has had a specific provision relating to ‘companion animals’ and how they are to be dealt with when a court is making financial orders following a separation. This page outlines the new laws around how companion animals are to be treated in a property settlement.
Legislation
The changes were contained in the Family Law Amendment Act 2024. This made changes to the Family Law Act 1975, which came into effect on 10 June 2025.
What is a companion animal?
Family Law Act 1975 defines a companion animal as an animal that is kept by one or both parties to a relationship primarily for the purpose of companionship.
The following animals are not companion animals:
- assistance animals
- animals kept as part of the business
- animals kept for agricultural purposes
- Animals kept for use in laboratory tests or experiments.
Family law orders and pets
Under section 79 of the Family Law Act 1975, a court may make the following orders in respect of a companion animal:
- That one party to the relationship is to have ownership of the animal
- That the animal is to be transferred to another person who has consented to this
- That the animal is to be sold.
What is to be considered?
When a court is considering making an order in respect of a companion animal, it is to take into account the following:
- The circumstances under which the animal was acquired
- Who has ownership or possession of the animal
- The extent to each party cared for, and paid for the maintenance of, the animal
- Any family violence to which one party has subjected or exposed the other party
- Any history of actual or threatened abuse or cruelty towards the animal by a party
- Any attachment of a party, or a child, to the animal
- The demonstrated ability of each party to care for and maintain the animal without the involvement of the other party
- Any other fact or circumstance that needs to be taken into account in the interest of justice.
Companion animals and shared care
The Family Law Act 1975 explicitly states that the orders listed above are the only orders that may be made in respect of a companion animal.
Orders that allow for shared care, as are commonly made in respect of children, may not be made in respect of companion animals.
If the parties want an arrangement that involves sharing the care of an animal, they will have to make this arrangement privately.
Animals that are not companion animals
Pets and other animals that do not fall within the definition of ‘companion animals’ must still be dealt with as general property when a court is making financial orders.
What has changed?
Previously, courts could make orders in respect of pets when determining property settlements, but pets did not amount to a specific category of property and were not mentioned in the legislation.
Pets were dealt with in the same way as personal property such as furniture and jewellery.
Although pets are still considered within the broad category of property of a relationship, they are now specifically mentioned in the Family Law Act 1975, and the legislation makes it clear what orders can be made in respect of them, and what considerations should be taken into account when determining this.
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Fernanda Dahlstrom is a writer, editor and lawyer. She holds a Bachelor of Laws (Latrobe University), a Graduate Diploma in Legal Practice (College of Law), a Bachelor of Arts (The University of Melbourne) and a Master of Arts (Deakin University). Fernanda practised law for eight years, working in criminal law, child protection and domestic violence law in the Northern Territory, and in family law in Queensland.