Divorce or separation has a significant impact on all members of the family, including our beloved pets. Approximately 69% of Australian households have at least one pet and in the event of a divorce or separation, decisions about a pet’s future can become a genuine source of dispute.

How are pets classified in custody disputes after a separation?

Pets have traditionally been treated as personal property under family law — no different, in principle, to a car or a piece of furniture. That changed on 10 June 2025, when the Family Law Amendment Act 2024 (Cth) came into effect and introduced a dedicated framework for dealing with pets in property proceedings.

The amendment creates a new legal category: the “companion animal” — an animal kept by the parties to a marriage or de facto relationship primarily for companionship. This specifically excludes:

• Assistance animals recognised under the Disability Discrimination Act 1992 (Cth); and
• Animals kept for commercial purposes, such as livestock or show/competition animals.

Companion animals are still treated as a form of property in a settlement — pets are not dealt with the way children are — but they are now considered separately from other assets, with their own dedicated set of factors for the court to weigh.

Property settlement proceedings must still be commenced within the usual time limits: within two years of separation for de facto relationships, or within one year of divorce for married couples. Parties can settle matters relating to companion animals (along with other property) beyond that time frame by entering into a Financial Agreement (or BFA).

How would a court handle a pet custody dispute?

The courts still strongly prefer separating couples to reach their own agreement about a pet’s future. Where the court is asked to decide, it now has an express statutory basis to make orders about a companion animal, and can take into account factors including:

• Who purchased the animal, and the circumstances of that purchase;
• Whose name the animal is registered under;
• Who has current possession of the animal, including who it lived with before, during and after separation;
• Each party’s financial and non-financial contributions to the animal’s care — food, veterinary costs, insurance, grooming and day-to-day care;
• Whether the animal is a recognised assistance animal that a party relies on;
• Whether a party has used family violence against the other party, or has inflicted cruelty or abuse on the animal; and
• Whether a party or a child of the relationship has a strong attachment to the animal.

The inclusion of family violence and cruelty towards the animal as express considerations is new, and reflects growing recognition that threats or harm directed at a pet can themselves form part of a pattern of family violence.

Importantly, the new framework does not permit shared custody or shared care arrangements for companion animals. The court’s powers are limited to ordering that:

• One party retain sole ownership of the animal;
• The animal be transferred to another person, with that person’s consent; or
• The animal be sold, with the proceeds treated as part of the property pool.

This confirms the position the Federal Circuit Court took even before the reform.

How can Etheringtons Solicitors assist You in a pet custody dispute? 

Etheringtons Solicitors can assist with negotiation or mediation regarding the ownership and living arrangements of a companion animal following separation — including time allocations, handovers, and how expenses will be met.

We understand pets represent far more than the property-based approach the law adopts. We recommend negotiation and mediation wherever possible, as both are more time- and cost-efficient than court proceedings and allow for a more flexible, practical solution tailored to your circumstances. These discussions typically cover:

• Which party will care for the pet, and on what basis;
• How handovers will be managed;
• Who will meet ongoing and future expenses;
• Who is responsible for routine vet checks; and
• Who will make major health decisions for the animal.

Once an agreement is reached, it can be formalised through consent orders — now expressly available for companion animals under the amended Family Law Act 1975 (Cth) — alongside any related parenting or property orders.

Contact Us

If you need further advice or assistance with a pet custody dispute or other Family Law matters, please contact us on North Sydney (02) 9963 9800 or via our contact page.