For most Australians, pets are far more than household possessions. They are lifelong companions, sources of emotional support, and integral members of the family. Yet, despite their profound personal significance, family law has historically struggled to reflect this reality.

From merely “Property” to “Companion”

That position has now begun to change and from 10 June 2024, the Family Law Amendment Act 2024 introduced a new framework for determining who should retain ownership of a pet in family law property settlements. While pets remain legally classified as property, the amendment marks a significant shift away from the rigid and often inadequate approach previously applied by the courts.

Historically, disputes over pets were resolved through a narrow, technical lens; focusing primarily on who purchased the animal or whose name appeared on registration papers; effectively treating pets no differently from furniture or vehicles. The new framework acknowledges that this approach fails to reflect the meaningful role pets play in modern Australian families and allows courts to take a more practical, thorough view when resolving these disputes.

What the court will now consider?

When determining who should retain a companion animal following separation, the amended provisions require the court to move beyond ownership formalities and instead closely examine the pet’s daily regime within the household. The focus is on assessing which arrangement best supports the animal’s welfare in a meaningful and practical way.

In making this assessment, the court may consider:

• Who is primarily responsible for the pet’s daily care, including feeding, walking, and grooming.
• Who arranges and pays for veterinary treatment and other medical expenses.
• The living arrangements of each party, including the suitability of each home for the pet.
• Each party’s financial capacity to meet the ongoing costs associated with the pet’s care.
• The emotional attachment between the pet and any children of the relationship.
• Whether there has been any family violence or cruelty directed towards the animal.

Protecting both people and animals

These positive legislative changes reflect a growing legal acknowledgment that pets are sentient beings, not inanimate assets and that stability, routine and safety matter to them just as much as to the people who love them.

One of the most significant aspects of the amendment is its recognition of the role pets play in family and domestic violence situations, considering whether a party has used violence, threats or cruelty toward a companion animal. This is an important advancement, as research consistently shows that harm or threats to pets are often used as a means of control, particularly against women and children.

For victim-survivors, this change offers both legal protection and reassurance that the law acknowledging the realities they face, including the heartbreaking choice some have made to delay leaving unsafe situations in order to protect their pets.

What do the changes mean for homeowners and families?

This reform sends a powerful and reassuring message that makes strides to evolve law to an important truth in our households: pets are embedded in the concept of home.

They influence where we live, how we structure our days and the decisions we make about space, lifestyle and finances. In property and family law matters, their presence is no longer an afterthought. While the law has not gone so far as to grant pets the same legal status as children, this reform represents a balanced and thoughtful step forward.

At VRT Lawyers, we firmly support these amendments and welcome this long-overdue recognition of the role companion animals play in our lives. It is genuinely encouraging to see family law evolve in a way that reflects the values we hold in our homes: that pets are sources of comfort, stability and emotional connection, not mere assets to be divided. By placing a pet’s welfare, safety and daily care at the heart of decision-making, the law has taken a meaningful step toward outcomes that are both humane and practical and we are proud to advocate within a system that continues to evolve with the families it serves.

We understand that disputes about pets are deeply personal and require sensitivity, clarity and informed advocacy. Our team is well-placed to guide clients through these matters with a practical, compassionate approach grounded in the latest developments in family law. We are committed to achieving outcomes that respect both the legal framework and the genuine emotional value pets hold within families.

If you are considering or currently involved in a family law dispute, contact VRT Lawyers to ensure your matter is handled with care, expertise and a clear understanding of what matters most.