You’ve split up. The couch, the air fryer, the savings, you can sort all of that out between you. Then you both look at the dog, and neither of you is budging.
Here’s where you stand. Since 10 June 2025, family law treats pets as “companion animals”, and a court can do one of three things with yours: give it to one of you, order it transferred to a third person you both agree on, or order it to be sold. What a court cannot do is make you share the pet. There is no shared custody of a dog. That change came in under the Family Law Amendment Act 2024.
The amount of inquiries we’ve had about family pets has been incredible, and up until now there hasn’t been a formal structure in place to determine who is going to keep pets. But now that has all changed, and family law courts can now consider who can look after the dog, the cat, the bird, whoever it is, and make decisions about pet ownership as part of the property settlement.
So what does that actually mean for you? Start with how your pet is treated compared to everything else you own.
| What it is | How the court treats it | Can it be shared? |
|---|---|---|
| Companion animal (the family dog, cat, bird) | Still property, but a distinct category decided on its own factors: who cared for it, who paid, whether there was family violence | No. One owner, a transfer, or a sale |
| Ordinary property (car, furniture, savings) | Divided as part of the property pool by value | Split by value across the whole settlement |
| Excluded animals (assistance, farm, business, laboratory) | Not a companion animal; handled as an ordinary asset or under its own rules | Not under the companion-animal rules, divided as property |
How does family law define a companion animal?
A companion animal is an animal you keep mainly for companionship. The family dog. The cat that sleeps on the end of the bed. The bird. Not an animal kept for farming, business, or research, and not an assistance animal.
That definition now sits in Commonwealth family law, not any state animal-management act. If you have read elsewhere that a NSW act governs who keeps the pet after a separation, that is the wrong body of law. Pet ownership on separation is decided under the Family Law Act, the same statute that deals with the rest of your property settlement.
The definition is in the Family Law Act 1975 (Cth) s 4. The companion-animal rules were added by the Family Law Amendment Act 2024 (Cth) and commenced 10 June 2025.
Who keeps the pet after separation?
Whoever the court decides, if you cannot agree yourselves. The power to decide sits in the same part of the Act that divides the rest of your property: s 79 if you were married, s 90SM if you were de facto couples.
The court has three options, and only three:
- Give sole ownership to one of you.
- Order the pet transferred to a third person, but only someone who agrees to take it.
- Order the pet sold.
That is the whole menu. Notice what is not on it.
Can you share the pet? The short answer is no
This is where a lot of people get caught out. There is no such thing as a court-ordered “pet custody” arrangement, no week-on week-off for the dog, no shared time written into orders. A court cannot order you to share ownership or care of a companion animal.
You can still agree to share the pet between yourselves, informally, if you both want to and you both stay reasonable about it. Plenty of separated couples do. But understand the limit: the court will not order that arrangement, and it will not enforce it if the other person stops honouring it. A handshake works right up until it doesn’t.
What a court actually weighs
If it does land in front of a court, the decision is not about whose name is on the microchip registration. The court looks at how the animal came into your lives and who has actually been looking after it:
- How the animal was acquired (bought together, a gift, one of you owned it before the relationship)
- Who owns or currently has the animal
- Who cared for it and who paid for it, the food, the vet bills, the day-to-day
- Any family violence between the two of you
- Any history of cruelty or abuse toward the animal
- The attachment each of you, or any child, has to the animal
- Which of you can realistically care for it going forward, without needing the other person
So if you’ve been the one walking the dog, paying the vet bills, feeding it every day, that matters now. It’s not just about whose name is on the receipt, it’s about who is actually looking after the dog, and where should the dog be going, and who’s going to be looking after the dog in the best way.
The orders the court can make about a companion animal are in s 79(6) of the Family Law Act 1975 for married couples, and s 90SM(6) for de facto couples: sole ownership to one party, transfer to another person who consents, or sale, and nothing else. The factors it weighs are in s 79(7) and s 90SM(7).
Are companion animals treated differently from other property?
Yes and no. Legally, a pet is still property, so it goes into the same pool as the house, the car, and the superannuation. But the court does not just assign it a dollar value and split it. It runs the pet through the companion-animal factors above, which is why the family dog gets more careful treatment than the family fridge. Different rules, same overall settlement.
What animals are not companion animals?
The s 4 definition deliberately leaves some animals out. These are not decided as companion animals:
- Assistance animals (for example a guide dog)
- Animals kept for a business
- Animals kept for agricultural or farming purposes
- Animals kept for laboratory or research purposes
If the animal is one of these, it is handled as an ordinary asset or under its own regime, not under the companion-animal rules.
Sorting it out without going to court
Here’s the honest truth. The best outcome for your pet is almost always the one you reach yourselves, because a negotiated agreement can do the one thing a court cannot: set up a genuine shared arrangement if that is what you both want. A court has to pick one owner. You don’t.
If you can talk, talk. If talking directly is too hard, a mediator can help you reach an agreement. Keep it out of court and you keep control of the answer.
If you are stuck, book in a chat with me and my team. No pressure, no judgment, just honest advice on where you actually stand and what a court is likely to do. Free discovery call on 1300 614 732, or send us a message.
Frequently Asked Questions
What is a companion animal in Australian law?
A companion animal is an animal kept mainly for companionship, such as the family dog, cat, or bird, rather than for farming, business, or research. Since 10 June 2025, family law treats these pets as a distinct category of property when a couple separates, decided under the Family Law Act 1975.
Who keeps the pet after separation?
Whoever you agree on, or if you cannot agree, whoever the court decides. A court can give the pet to one of you, order it transferred to a third person who agrees to take it, or order it sold. It looks at who acquired the pet, who paid for and cared for it, any family violence, and each person’s attachment and ability to care for it.
Can a court order shared custody of a pet?
No. A court cannot order shared ownership, shared care, or a week-on week-off “pet custody” arrangement. It can only give the pet to one owner, order a transfer, or order a sale. You can agree to share informally between yourselves, but the court will not order it or enforce it.
What does the court consider when deciding who keeps the pet?
How the animal was acquired, who owns or has it, who cared for and paid for it, any family violence between the parties, any cruelty toward the animal, the attachment of each person or a child, and who can realistically care for it in future without the other person.
Does the companion animal law apply to de facto couples?
Yes. The rules apply to both married and de facto couples. For married couples the orders come under s 79 of the Family Law Act, and for de facto couples under s 90SM. The test for who keeps the pet is the same either way.
When did the companion animal changes start?
They commenced on 10 June 2025, introduced by the Family Law Amendment Act 2024. Before that date there was no formal framework for deciding who keeps a pet after a separation.
