When a couple separates, they will often need to sort out their property and finances. But what happens to your pets?

Historically, pets were simply treated like any other asset or property with factors taken into consideration such as who bought the pet, whose name it was in, who paid for it, who looked after it.

Changes then occurred whereby pets were given similar greater rights and recognised as being more than just property- they were treated more like members of the family. Consequently, many separating couples arranged for pet custody as part of the property settlement.

However, this position drastically changed with the June 2025 amendments to the Family Law Act, which includes a specific framework for companion animals (that is, family pets) when couples separate.

The key changes of these legislative amendments in this area: the relationship to the pet, the care and attachment, and even abuse of animals can now play a part in deciding who keeps the pet.

What exactly is a “companion animal”?

The law defines a companion animal as:

An animal kept by the parties to a marriage or either of them, or the parties to a de facto relationship or either of them, primarily for the purpose of companionship, but does not include:

(a) an assistance animal within the meaning of the Disability Discrimination Act 1992; or

 (b) an animal kept as part of a business; or

 (c) an animal kept for agricultural purposes; or

 (d) an animal kept for use in laboratory tests or experiments.

In short: your dog, cat, rabbit, or other pet that was part of the family for companionship is likely to be a companion animal under the law. If the animal was part of a business, or used for farming, it probably is not.

What happens when you can’t agree about the pet after separation?

If you and your former partner cannot agree on what happens to the pet, the court now has a specific power to make orders about the companion animal, and this takes into consideration factors like:

• who currently has ownership or possession of the pet;
• who cared for and maintained the pet (feeding, walking, visits to the vet etc);

• Any history of abuse or threats to the pet; for example, if the pet was used as a tool of coercion or control;
• the attachment of each party (and if applicable, children) to the pet; and
• the future ability of each party to care for the pet (financially, emotionally and/or practically).

The court no longer makes an order for joint ownership or shared care arrangements of the companion animal. The pet must be assigned to one party or be sold.

What this means for you when you separate

If you’re separating (or thinking about it) and your pet is part of your life, consider the following:

• Agreeing between yourselves: The best outcome is where both parties agree about what happens to the pet: who keeps it, how care is handled, costs, etc. Then you can document this agreement via a consent order or financial agreement. This is always the best outcome where possible.
• If you can’t agree: If you and your ex-partner cannot reach an agreement, you may apply to the court for an order. The court will apply the above factors.
  • Be prepared: Evidence of your involvement with the pet, that is, who fed it, who walked it, vet bills, whose name it is registered in, all matters. Other factors taken into consideration include: evidence of costs, your capacity to care for the pet going forward, and whether any animal abuse or threats occurred.
  • Don’t assume registration = ownership: Previously, if the pet’s name was on one person’s registration, that person had a strong claim. Under the new law, the focus is broader – not just whose name, but who did the care, who has the bond with the companion animal etc.
  • Still deemed property: Even though pets are treated specially, they are still dealt with in a “property settlement” context – they form part of the overall financial settlement, so their value (monetary and emotional) will be reflected in how you divide all your assets and liabilities.

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