What Happens to Pets in a Property Settlement in Australia

Pets are not just furniture to be split like the couch, and courts do not order shared custody of them the way they can for children. Australia changed how companion animals are treated in property settlement in 2024, and the new rules sit between the two.

Pets have always been "property" under Australian family law

Before the 2024 reforms, an Australian court could only deal with a companion animal as an item of property. The dog sat in the property pool alongside the car, the sofa, and the superannuation. Whichever party ended up with the pet in the property settlement kept it, and that was the end of the matter.

Courts were also reluctant to make orders about pets at all. Judges were well known for pointing out that a dispute over a Labrador was rarely the best use of court time or legal fees, and that any pet order made as part of a property settlement was final.

There was no ability for the court to weigh who cared for the animal, whether the animal was safer with one party, or the emotional bond between the pet and the children of the relationship. Any of that had to be sorted out by negotiation, not by court order.

What changed in 2024

The Family Law Amendment Act 2024 (Cth) added specific provisions for companion animals to the Family Law Act 1975. The provisions were enacted at the end of 2024 and commenced on 10 June 2025. They apply to both married couples (sections 79 and 80) and de facto couples (sections 90SM and 90SS).

The reforms do three things.

First, they define what a "companion animal" is, and separate them from other animals owned by the parties.

Second, they list the factors the court must consider before making an order about a companion animal. These sit alongside the general four-step property division framework.

Third, they set out what orders the court can actually make. Broadly, the court can order that a companion animal be transferred to one party, be sold, or (with agreement) be transferred to another person. What the court cannot do under the new provisions is order shared ownership or ongoing shared care of the pet.

The full text of the Family Law Act 1975 is available on the Federal Register of Legislation.

What counts as a "companion animal"

The new provisions apply to companion animals, which the Act defines as an animal kept primarily for the purpose of companionship. Most dogs, cats, birds, and small mammals in a family home fall inside this definition.

Some animals are excluded and are dealt with as ordinary property. These include:

• Assistance animals, such as guide dogs and other accredited support animals.
• Animals kept for use in a business (for example, breeding stock or farm working dogs).
• Animals used for agricultural or commercial purposes.
• Laboratory animals.

If a pet sits on the boundary (a horse that is part hobby and part small business, for example), which category it falls into can matter. Animals outside the companion animal definition go back to being treated as ordinary property in the property pool, without the specific factors below.

What the court now weighs

Where the new provisions apply, the court considers a specific set of factors before making an order about a companion animal. In general terms, these include:

• Who acquired the animal, when, and in whose name it was registered.
• Which party has primarily cared for the animal, including feeding, walking, and paying vet bills.
• Any history of family violence, including violence or cruelty directed at the animal itself.
• Any threats made by one party in relation to the animal.
• The attachment each party has to the animal, and any attachment a child of the relationship has to it.
• Each party's practical ability to care for and house the animal going forward.
• The likely wellbeing of the animal in each party's care.

No single factor is decisive. The court weighs them together and reaches an outcome that is just and equitable (fair) in the circumstances.

Family violence is treated as an especially serious factor. Where there is evidence that one party has been violent towards the other, or towards the animal, the court is likely to place substantial weight on the animal's wellbeing and safety.

What orders the court can make

Under the new provisions, the court can make one of three types of order in relation to a companion animal:

• Transfer to one party. The animal is ordered to go to one former partner, who becomes its sole owner and carer.
• Sale. The animal is sold and the proceeds go into the property pool, to be distributed as part of the overall settlement.
• Transfer to a third party by agreement. Where both parties agree, the animal can be transferred to someone else, such as an adult child or another family member.

Where the parties reach agreement themselves, the same options are available and can be formalised through consent orders (a legally binding agreement approved by the court without a hearing) or a Binding Financial Agreement.

What courts generally will not do

The new provisions do not allow the court to make orders for shared ownership or shared care of a companion animal. Arrangements such as "one week with each party" or "the dog spends every second weekend at the other house" are not orders the court can impose.

There is nothing stopping former partners from arranging shared care between themselves privately, and many do. But it is a private arrangement, not a court order, and it depends on both people continuing to cooperate.

The distinction matters because the framework for children (parenting orders, shared care schedules, Independent Children's Lawyers, changeovers) does not carry across to pets under Australian family law. Pets are still, at law, closer to property than they are to family members.

Practical steps if you are separating with a pet

Most separations reach a settlement without a hearing, and most pet arrangements are worked out between former partners rather than fought over in court. The new provisions mainly matter when agreement cannot be reached, and the same factors are worth thinking through even when it can.

A few things tend to make agreement easier:

• Keep a clear record of who paid for the animal originally, who paid the vet bills, and who was the day-to-day carer. If the matter ever reaches court, these are the factors that will be weighed.
• Think about what is genuinely workable, not just what feels right in the first week after separation. Two people, two houses, and one dog is a solvable problem, but only if both people can realistically care for the animal in their new circumstances.
• If there is a safety concern (for the animal, for a child, or for you), raise it early. Family violence is a specific factor under the new provisions and it needs to be documented properly.
• Consider whether the pet should form part of the overall property split or be dealt with separately. A companion animal is still property, and its value (usually nominal for a mixed-breed rescue, more substantial for a purebred or registered show animal) can be adjusted for elsewhere in the pool.

If you want to see how a pet arrangement fits into the wider picture of what each of you is likely to walk away with, you can work through a property settlement estimate on Separately and see the whole pool laid out before you go into a negotiation.

When to speak to a family lawyer

Pets that were clearly one party's from before the relationship, with clear evidence of that, are usually straightforward. Pets acquired together, cared for by both, and loved by the children are harder, and this is where a family lawyer's input starts to matter.

A family lawyer is also the right person to speak to if there is a family violence dimension, if the animal has significant financial value, or if the other party is threatening the animal or refusing to allow contact with it during separation.

The court's procedural guidance on property matters, including family violence evidence, is published on the Federal Circuit and Family Court of Australia website.

Key Takeaways

• Pets in Australia are still legally treated as property in a separation, but since 2024 companion animals have their own set of rules within the Family Law Act 1975.
• A "companion animal" is an animal kept primarily for companionship; assistance animals, working animals, and animals kept for business are excluded and are treated as ordinary property.
• The court weighs care, financial contribution, family violence, attachment (including of any children), and the animal's wellbeing before making an order.
• The court can order the animal transferred to one party, sold, or transferred to a third party by agreement. It cannot impose shared ownership or shared care.
• Most pet arrangements are worked out privately between former partners; the new rules mainly matter when agreement cannot be reached.

Disclaimer: This article provides general information only and does not constitute legal advice. Every situation is different. For advice specific to your circumstances, consult a qualified family lawyer. Separately.ai provides property settlement estimates based on general family law principles and should not be relied upon as legal advice.