Family Pets Separation

What Happens To The Family Pets Following A Separation?

A new category: “companion animals”

For many separating couples, deciding who keeps the family pet can be one of the most emotional and critical components of a breakup. Yet until recently, Australian family law treated pets in a surprisingly simple way: they were legally no different from a couch, a car, or any other household asset. There was little formal consideration of who actually cared for the pet, who the animal was most attached to, or how the arrangement might affect children in the family. In many cases, the decision came down to practical ownership factors rather than the role the pet played in family life, and matters such as to whom the pet was registered and who paid for the vet bills were among the most determinative factors of who would ultimately retain the family pet. 

That approach has now shifted with the Family Law Amendment Act, which recognises pets as “companion animals”, creating their own category within family law property matters.

Pets are still technically considered property under the new legislation, however courts are now required to look more closely at the realities of the relationship between the pet and the people involved.

When deciding who should keep a companion animal, courts may now freely consider factors such as the following when determining who gets to retain ownership of the pet:

• how and when the pet was originally acquired;
• who has had possession of the animal;
• who has been responsible for its care and expenses;
• whether there has been any history of cruelty or threats toward the animal;
• whether family violence has occurred in the relationship;
• the emotional attachment a party or a child has to the pet; and
• each person’s ability to care for the animal moving forward.

The Courts are empowered by this legislation to make orders that only one party to the marriage is to have ownership of the pet, that the pet be transferred to another person who has consented to the transfer, or that the pet be sold.

While the reforms acknowledge the emotional importance of pets in families, their primary purpose is not strictly about protecting the animals. Instead, the changes are largely aimed at protecting people who may be experiencing family violence. Research and case experience have shown that pets are sometimes used as tools of control in abusive relationships; for example, by threatening harm to the animal or refusing to return it after separation. By allowing courts to consider these dynamics, the law now recognises the role pets can play in patterns of coercion and control.

Importantly, failing to comply with court orders about a companion animal may amount to a contravention of family law orders, which can carry serious consequences.

Why the Change?

The relevance of family violence in property matters

For many separating couples, dividing property has typically focused on obvious assets, including the family home, savings, superannuation and other financial interests. Recent reforms to Australian law have now changed how the Courts approach issues that may have been previously overlooked, particularly the treatment of family pets, and the financial impacts of family violence. 

Until recently, the Courts took a narrow approach when considering the impact of family violence in property disputes. A key decision, Kennon v Kennon, held that family violence could affect the division of property in very specific and limited circumstances, where the person experiencing the violence had to demonstrate that the behaviour made it difficult for them to make financial contributions to the relationship. For example, if the violent behaviour directly affected their ability to work and earn an income. 

Practically, this was and still is a high bar to meet, meaning that the broader economic impacts of family violence were often ignored. The Family Law Amendment Act, which came into effect on 10 June 2025, has now changed this approach. 

Rather than considering only whether violence made someone’s ability to make financial contributions hard, the Court is now required to consider behaviour that amounts to economic or financial abuse when deciding how property should be divided after separation, as well as dealing with pets. 

Financial abuse can take many forms and often happens behind the scenes in relationships. Examples of such behaviour can include:

• controlling or restricting a partner’s access to money;
• interfering with someone’s job or ability to earn an income;
• forcing a partner to take on debts or legal liabilities;
• accumulating debts in someone else’s name without their knowledge;
• withholding money needed for everyday living expenses; or
• coercing someone in relation to dowry payments or financial demands connected to dowry practices.

These reforms reflect a growing understanding that abuse in relationships is not always physical. Financial control can limit a person’s independence during the relationship and leave them in a far weaker financial position after separation. By requiring courts to consider economic abuse as part of property settlements, the law now aims to ensure that the financial consequences of this behaviour are more fully recognised.

The 2025 reforms highlight a broader shift in family law: recognising that relationships involve more than just financial contributions on paper. Power dynamics, financial control and the real-world impacts of abuse can now play a more significant role in determining what a fair outcome looks like when relationships break down. 

We understand the sensitivity associated with family law property settlement disputes, and the role that pets play within the family. If you are concerned about a loved one experiencing family violence or if you are currently going through a separation or anticipate that you may need to negotiate a property settlement in future, it is crucial to understand how these changes may affect your rights. Our team is here to guide you through the process, and we welcome you to contact Lardners Solicitors on 9787-4511 or make an appointment at lardners.au to discuss your family law needs.