Pets are part of the family

April 13, 2026

Pets are more than just property – they are valued companions who provide comfort, emotional support and stability particularly during times of stress or change. With approximately 73% of Australian households owning a pet, representing around 31.6 million animals, it’s clear that pets are an important part of many families.

On 10 June 2025 the Family Law Amendment Act 2024 (Cth) introduced significant changes that formally recognise pets as companion animals. A companion animal is a pet kept by one or both people in a marriage or de facto relationship mainly for companionship. It does not include:

• assistance animals;
• animals as part of business;
• animals kept for agricultural purposes; or
• animals kept for laboratory testing or experiments.

While pets remain legally classified as property, the court can now make specific orders regarding companion animals in property settlement proceedings. These orders may include granting ownership to one party, transferring ownership to another, or in some circumstances, directing that the pet be sold.

When deciding who a pet should live with, the court considers several factors:

• how the pet was acquired and who currently owns it;
• care and maintenance: who feeds, walks, and pays for vet visits;
• emotional connection: the bond between the pet and each family member, including children;
• future care: each person’s ability to provide a stable, safe environment; and
• safety concerns: any history of family violence or mistreatment of the pet.

Pets can be deeply tied to family life and sometimes they are involved in difficult situations such as controlling behaviour or family conflict. The new approach helps ensure pets are safe, cared for and remain part of the family in a responsible way.

Tips for Families

Even though shared ownership can’t be formally ordered, families can create private agreements to outline:

• who owns the pet;
• who pays for food, vet bills and other expenses;
• how time with the pet is shared; and
• what happens if someone can no longer care for the pet.

Keeping records can help such as adoption papers, receipts, photos, videos and statements showing who provides daily care and the pet’s attachment to family members.

Our Family Law team can guide you through property settlements involving companion animals, helping ensure your pet’s well-being while supporting your family’s needs.