Introduction

For many families, pets are more than just animals—they are cherished companions and integral members of the family. However, disputes over pets during separation have historically been a challenging and often overlooked area of family law. On 10 June 2025, the Albanese Government introduced significant amendments to address these concerns. These changes formally recognise pets as companion animals, marking a major shift in how such disputes are handled in property settlement proceedings.

This guide provides essential information and practical guidance on the new legal landscape for pets in family law, including the recognition of companion animals, the factors courts will consider in determining ownership, and the impact of family violence on pet custody decisions. By understanding these changes, families and individuals can better navigate the complexities of pet custody and property settlements in 2025.

Key 2025 Family Law Changes for Pets

Recognising Pets as Companion Animals

The Family Law Amendment Act 2024 (Cth) introduced significant changes to how pets are treated in family law proceedings. On 10 June 2025, pets were recognised as companion animals, creating a special subcategory of property. This shift acknowledges the emotional and familial bond people share with their pets while maintaining their legal classification as property.

A companion animal is defined as an animal kept primarily for companionship, excluding:

• Assistance animals
• Business animals
• Animals used for agricultural purposes
• Animals used for laboratory purposes

This definition ensures that pets kept for emotional support and companionship are treated differently from other types of animals.

Impact on Property Settlement & Pet Custody Decisions

The new amendments alter how pet custody is determined in property settlements. While pets remain legally classified as property, the court will now take into account several important factors when making decisions.

These factors include:

Factor for Consideration	Description
Acquisition & Ownership	How the pet was acquired, who purchased or adopted it, and who is listed on registration or microchip details.
Care & Maintenance	The extent to which each party has contributed to the pet’s daily care, including feeding, veterinary visits, and financial support.
Emotional Attachment	The bond between the pet and either party or any children involved.
Future Care Capability	Each party’s ability to provide a stable and suitable environment for the pet moving forward.
Family Violence	Any history of abuse or cruelty towards the pet or between the parties.

The court’s primary focus is on achieving a fair and equitable outcome, considering the parties’ circumstances and pet welfare factors. However, it’s important to note that this does not constitute a “best interests of the animal” test comparable to what exists in children’s matters.

While shared custody arrangements are not legally enforceable, parties can negotiate private agreements outside of court orders. These changes reflect a more nuanced approach to pet disputes, balancing legal principles with the emotional and practical realities of pet ownership.

Key Factors in Pet Custody & Ownership Disputes

Family Violence & Cruelty Toward Companion Animals

Family violence and cruelty toward companion animals are now critical factors the court considers when determining pet custody. Under the new amendments, incidents of family violence, including emotional or financial abuse, can significantly influence custody decisions.

Perpetrators may use pets as a means of control, threatening harm to the animal to exert power over their partner. This dynamic often leads victims to delay leaving abusive relationships due to concerns about their pet’s safety.

The court also examines any history of cruelty or abuse toward the pet, including:

• Neglect
• Physical harm
• Threats of harm

These behaviours can indicate a party’s unsuitability to care for the animal. Additionally, the emotional impact on the victim and any children involved is carefully considered, as pets often provide comfort and stability in such stressful situations.

Emotional Attachment & Daily Care Contributions

The court thoroughly assesses the emotional bond between the parties, including children, and the pet. Evidence of attachment, such as photos, videos, and witness statements, can strongly support a party’s claim.

Furthermore, the court evaluates each party’s contributions to the pet’s daily care, including:

Evidence Category	Details & Examples
Care History	Documentation like receipts, vet records, and feeding schedules.
Financial Support	Evidence of payments for food, vet bills, and other expenses.
Emotional Bond	Testimony about the pet’s role in the family and interactions with children.

By focusing on these aspects, the court aims to ensure the pet’s well-being and continuity of care, reflecting the animal’s importance as a companion.

How Courts Determine Pet Custody

Acquisition & Current Possession

Courts examine several key factors related to a pet’s history and current living situation when making custody decisions:

Factor	Key Details
Acquisition Details	How the pet was acquired, such as whether one party purchased the pet or received it as a gift.
Ownership Documentation	Important records like microchip registration and veterinary records that establish legal ownership.
Current Living Arrangements	Who the pet currently resides with and their established routine.

These elements provide the court with a comprehensive picture of the pet’s ownership history and present circumstances, creating a foundation for custody determinations.

Future Care Capability & Financial Considerations

The court carefully evaluates each party’s ability to provide proper care for the pet moving forward. This assessment includes:

Capability Factor	Assessment Criteria
Financial Stability	Ability to cover ongoing expenses such as food, supplies, and veterinary bills.
Housing Suitability	Whether the living environment is appropriate and safe for the pet.
Independent Care Capacity	The party’s ability to provide necessary care without relying on the other’s support.

Additionally, any history of family violence or animal cruelty is taken into serious consideration, as these factors may significantly impact the court’s decision. Throughout this evaluation process, the court’s primary focus remains on ensuring the pet’s ongoing well-being and best interests are prioritised.

Practical Strategies for Pet Custody Agreements

Negotiation & Evidence Gathering

Negotiating a pet custody agreement requires a strategic approach to ensure the best outcome for both parties and the pet. Mediation can be an effective way to resolve disputes without going to court, allowing for more flexible solutions.

When preparing for negotiations, it’s crucial to gather evidence that demonstrates your involvement in the pet’s care. This evidence should include:

Evidence Category	Examples & Actions
Care History	Collect receipts for pet food, toys, vet bills, and any other expenses related to the pet’s maintenance.
Possession & Acquisition	Provide documentation like adoption papers, microchip details, and registration records to establish ownership.
Daily Contributions	Include evidence of who feeds, walks, and provides daily care for the pet, such as photos, videos, or witness statements.
Emotional Attachment	Gather evidence showing the bond between you and the pet, such as photos, videos, or statements from family and friends.

Binding Financial Agreements for Pet Care

Incorporating pet care arrangements into a binding financial agreement ensures clarity and stability for the pet’s future. These agreements should outline several key elements:

Agreement Component	Purpose & Details
Ownership	Clearly state who will have primary ownership of the pet.
Financial Responsibilities	Define how expenses like vet bills, food, and grooming will be shared.
Visitation Rights	Outline arrangements for how each party will spend time with the pet, noting courts cannot order shared care.
Future Care	Include provisions for how decisions about the pet’s health and well-being will be made.
Contingency Plans	Establish what happens if the primary caregiver can no longer care for the pet.

By addressing these aspects, you can create a comprehensive agreement that prioritises the pet’s well-being and provides a clear framework for both parties.

Conclusion

The amendments to the Family Law Act 1975 (Cth) introduced by the Family Law Amendment Act 2024 (Cth) mark a significant shift in how pets are treated in family law proceedings. For the first time, pets are recognised as companion animals, acknowledging their emotional significance in families. The court now considers a range of factors, including acquisition, care history, and family violence, when determining ownership and custody arrangements. These changes reflect a more nuanced approach to pet disputes, balancing legal principles with the emotional and practical realities of pet ownership.

If you have questions about how these changes affect your specific circumstances, contact PBL Law Group, a trusted family law firm servicing NSW. Our experts specialise in navigating the complexities of property settlements and can provide tailored legal advice to ensure the best outcome for you and your companion animals. Don’t hesitate to reach out today to secure the future of your beloved pets.

Frequently Asked Questions