For the first time, Australian family law has its own rules for what happens to the family pet when a couple separates. Here is a brief, plain-English guide to what changed on 10 June 2025 and what it means for you.
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For many separating couples, one of the hardest questions has nothing to do with the house or the superannuation. It is: who keeps the dog? For years, the law gave a surprisingly cold answer. A much-loved pet was treated as an item of property — in the same legal basket as the car or the lounge suite — and a court could not take into account who walked it, fed it or slept beside it every night.
That changed on 10 June 2025. The Family Law Amendment Act 2024 introduced, for the first time, specific rules for what the law calls a “companion animal.” Pets are still dealt with as part of the property settlement — they are not treated like children — but the court now has its own list of pet-specific factors to weigh. Here is what that means in plain English.
The new rules apply to a companion animal — broadly, an animal kept primarily for companionship. That captures the family dog, the cat and similar pets. It does not include assistance animals (such as a guide dog), animals kept as part of a business, or animals kept for agricultural or laboratory purposes. Those are dealt with differently.
This is the point that surprises people most. Despite the everyday phrase “pet custody,” the law does not treat pets the way it treats children. There is no “best interests of the animal” test, and a pet is not dealt with under the parenting rules. Instead, the family pet is resolved as part of dividing up the couple’s property. What has changed is that the court now has a dedicated set of considerations for that particular asset.
If a couple cannot agree, a court can make an order that one person has ownership of the companion animal, or that the animal be transferred to a consenting third party (for example, a family member). Importantly, the court cannot order shared custody of a pet or set up a visitation roster. The law does not provide for a “week about” arrangement like it can for children. Couples remain free to agree privately to share a pet if that works for them — but it is not something a court will impose or police.
If the question goes to a judge, the law sets out a list of factors the court must consider before deciding who keeps the animal. In everyday terms, these include:
The inclusion of family violence and cruelty as express factors is significant. Pets are sometimes used as a means of control or intimidation when a relationship breaks down, and the law now allows the court to take that directly into account.
For most households, a pet is a member of the family, not a piece of furniture — and the old approach often felt out of step with that reality. The new rules give the court a sensible, structured way to decide a question that genuinely matters to people, and they recognise the practical work of caring for an animal rather than just who happened to pay the adoption fee.
They also have a practical upside outside the courtroom. Because the relevant factors are now spelled out, separating couples and their lawyers have a clearer framework for reaching agreement — which is almost always faster, cheaper and less stressful than asking a judge to decide.
Michael Campbell Law is a boutique family law practice in the Hills District, serving families across Baulkham Hills, Norwest, Castle Hill and the wider Western Sydney area. Every matter is handled personally by Michael, with a focus on practical, sensible outcomes rather than drawn-out conflict.
If you are separating and the family pet is one of the things you are worried about — on its own, or as part of a larger property settlement — you are welcome to get in touch for a clear explanation of where you stand and what your options are.
Related reading: Do you have to move out when you separate? · Is your super covered by your will?
This article is general information only and not legal advice. The law described is current as at June 2026 and may change. For advice about your situation, please contact a qualified solicitor.
There is no automatic rule. If a couple cannot agree, a court can decide who keeps a companion animal by weighing factors such as who cares for the animal, who pays for it, how it was acquired, and any family violence. The court can order that one person keeps the pet, or that it goes to a consenting third party.
No. The court cannot order a shared care or visitation arrangement for a pet. It can only order that one person has ownership, or that the animal be transferred to a consenting third party. Separating couples can agree to share a pet privately, but a court will not impose or enforce that kind of roster.
No. Pets are not treated like children. They are dealt with as part of the property settlement under their own specific rules, not under the parenting provisions. There is no “best interests of the animal” test in the way there is for a child.
A companion animal is an animal kept primarily for companionship. It does not include assistance animals, animals kept as part of a business, or animals kept for agricultural or laboratory purposes.
It is one factor the court can take into account, along with who bought or adopted the animal, who has cared for it, and who has paid its costs. Registration or microchip details on their own are not decisive.
The companion animal provisions were introduced by the Family Law Amendment Act 2024 and commenced on 10 June 2025.
Family law is one of the areas Michael handles personally. Book a free, no-obligation consultation, or send an enquiry, and we will help you understand where you stand.