Where will your furry family members go after separation? In Australia, pets are usually
considered and treated as family members. It is estimated that 69% of Australian homes
have pet members, making Australia one of the highest rates of pet ownership in the
world.
Recently, the law has changed regarding how a pet member is dealt with when a
marriage/relationship has broken down. The Family Law Act 1975 (Cth) will now clearly
set out the process for determining ownership of family pets when there is a separation
dispute, and these amendments will commence from 11 June 2025.
How the law previously dealt with pets
Previously pets were considered property, and were dealt with in the same way a piece
of furniture would be dealt with in the case of separation.
There were no family law provisions specifically in place for the Courts to make an
appropriate decision as to who gets to keep ‘little Riley’. However, there has been past
matters where the Court have used its discretion and considered the pet’s best interest
and applied the same factors in section 60CC of the Family Law Act 1975 (Cth) which are
for how the Court determines the best interests for a child.
Changes to Family Law
Recent changes to the Family Law Act 1975 (Cth) will redefine pets as
“companion animals”, rather than property.
The Legislative Committee introduced a number of recommendations to amend the Act,
the main one being the Court has the power to make interim orders with respect to
companion animals in family law disputes.
Factors to be considered
Similar factors that are considered in the best interests of the child under section 60CC of
the Family Law Act (Cth) will now be applied when dealing with a pet under the new
section 79(7). The factors include:
1. How the companion animal was acquired;
2. Who has ownership or possession of the animal;
3. Who has cared for and paid for the animal;
4. Any family violence or cruelty towards the animal;
5. Any attachment to the animal by a party or child;
6. Each party’s ability to care for the animal without the other party’s help; and
7. Any other relevant factors.
It has previously been at the discretion of the Court as to how family pets were dealt with
in family law proceedings. These changes are intended to now provide the Court and the
parties with the tools and guidance to address these questions.
Why were the changes made?
These changes were put into place to enable the parties and the Court to make more
compassionate decisions regarding pets. Australians are known pet lovers, so having laws
in place to properly determine where they will go can lessen the stress families go through
when separating.
Ultimately, the major shift in the law now focuses on the sentimental value of a pet over
the monetary value, and what is in the companion animal’s best interest.
These changes will now provide the Courts clear guidance’s as to where our beloved pets
will live after separation if the parties cannot reach an agreement themselves.
Next steps
If you or someone you know wants more information or needs help or advice with their
family law matter, please contact our Intake team on (03) 8415 5600 or email us at
reception@hartleyslawyers.com.au.
This article is intended to provide general information only and is limited to the Victorian
jurisdiction only. You should obtain professional advice before you undertake any course
of action.