Major Changes in Family Law: Pets Now Recognised as Companion Animals
From June 10 2025, Australian family law will take a progressive step forward. Under major changes to the Family Law Act, pets will now be recognised as companion animals during separation and property settlement proceedings. This landmark reform reflects growing recognition of the emotional bonds people share with their pets and their importance in family life.
What Is a Companion Animal?
Under the updated legislation, companion animals are defined as animals kept primarily for companionship by a couple, whether married or in a de facto relationship.
The definition excludes:
Assistance animals such as guide dogs
Animals kept for business, farming, or scientific purposes
This recognises pets as much more than property, reflecting their emotional role in family life.
What Can the Court Now Do?
For the first time, family law courts can now make specific orders about pets, including:
Granting ownership to one party
Transferring the pet to a consenting third party
Ordering the sale of the pet
When making these decisions, the court will consider:
Who acquired and cared for the pet
The emotional attachment between the pet and a party (or child)
Any history of family violence or cruelty
Each party’s ability to care for the pet after separation
Any other relevant factors
Why These Changes Matter
Historically, disputes over pets were rarely addressed in detail by family law courts. Pets were legally considered property, often secondary to more “serious” issues like parenting and finances.
However, this change reflects what many already know — pets are family. It also better supports those impacted by domestic violence, where abusers often use threats or harm to pets as a form of control. Many victim-survivors report delaying separation out of fear for their animals.
Need Legal Advice?
If you’re going through a separation and are worried about what will happen to your pet, Pippa Colman Family Law is here to help. These new laws offer more protection for companion animals — and we can help you understand your options.
Contact us today to find out how we can support you and your furry family members.
