02/07/2025
Big changes have arrived for pet lovers going through separation. As of 10 June 2025, the Federal Circuit and Family Court of Australia now has the power to make specific property orders about pets in property settlement proceedings.
This is a significant shift. While "companion animals" are still classified as property, the Court now has discretion to consider their welfare and the practical realities of pet ownership; including who provides day-to-day care and who is best placed to continue doing so.
Under the recent amendments the Court may:
- Order ownership of the companion animal to one party;
- Transfer the companion animal to another person who agrees to the transfer; or
- Order the companion animal be sold with proceeds divided.
No other orders can be made, for example, “shared care arrangement” or “change-over arrangements”.
When considering what order to make the Court will consider the following factors:
- How and when the companion animal was acquired;
- Who currently has possession of the companion animal;
- Each party’s past and future care (feeding, vet bills, exercise, grooming);
- Any history of family violence, cruelty or threats toward the companion animal by a party;
- The bond between the companion animal and either party, or the children;
- Each party’s ability to look after the companion animal moving forward; and
- Any other circumstance the Court considers relevant.
If your separation involves a beloved furry (or feathered) family member, book a confidential appointment with our experienced team (call us on 07 3171 4233 or email [email protected]) .