Under the Family Law Amendment Act 2024, coming into effect from 10 June 2025, family law courts will now be able to make decisions about who keeps the family pet during a property settlement. This is a significant shift in the legal treatment of animals in separation cases, acknowledging that pets are more than just property…  they’re part of the family.

At Reid Legal Group, we understand how emotionally charged the question of “who gets the pet?” can be during separation. Let’s take a closer look at what’s changing and what it means for separating couples.

Historically, pets were treated as personal property under the Family Law Act — no different than furniture or cars. This meant courts didn’t typically make specific orders about who kept the pet unless it was part of a broader financial settlement. The emotional bond between people and their pets wasn’t formally considered.

From 10 June 2025, the courts will have clear legal discretion to decide who retains ownership of a pet when dividing property. This new provision reflects the growing societal understanding that pets play a significant emotional role in households.

While the law won’t go as far as shared “custody” like for children, it does allow the court to consider factors such as:

  • Who primarily cared for the pet (feeding, walking, vet visits)

  • Who has the financial capacity to care for the pet moving forward

  • Whether the pet has a stronger attachment to one party or household

  • Any risk of harm, especially in family violence situations

If keeping your pet is important to you, we recommend:

  • Gathering evidence of your role as the pet’s primary carer (receipts, vet records, photos, etc.)

  • Being prepared to demonstrate your ability to meet the pet’s future needs

  • Discussing pet arrangements early in negotiations to avoid unnecessary conflict

At Reid Legal Group, we can help you include pet ownership in your financial agreement or advocate for you in court, should it become part of your property dispute.