What Is a Companion Animal in Australian Law 2025 Update

What is a companion animal in Australian law is now a defined legal question under recent family law changes. From June 2025, Australian courts treat companion animals as a distinct category of property during relationship breakdowns.

A companion animal refers to an animal kept mainly for emotional support or companionship, such as a family dog or cat, rather than for work, farming, or business use.

These updates mean the court may now make specific decisions about pets based on their unique role in the household. The shift reflects a broader view of animals not just as property, but as living beings that form part of a family’s daily life.

The law also sets out how the court may assess who will care for a pet after separation and what factors must be considered in that process.

How Does Australian Family Law Define a Companion Animal?

To understand the new definition of a companion animal, we need to look at how the law now separates these animals from other types of property. A companion animal is one that is kept primarily for companionship. This means that the pet is there to provide emotional comfort or social connection, rather than to work or earn money.

For example:

• A dog that lives with a family and is taken on walks or is pet at night is a companion animal.
  
• A cat that keeps someone company at home is a companion animal.
  

However, if the animal has another main purpose such as guarding livestock, working on a farm, or being used in a business, it might not be considered a companion animal.

The new legal rules are important because they affect how the court treats pets in family disputes. Companion animals and family court decisions now involve a more thoughtful process, not just listing pets as items to be divided.

Also Read: Understanding Pet Custody Australia

Can the Court Decide Who Keeps the Pet After Separation?

Yes. Under the updated law, courts can now make decisions about who keeps a companion animal when a couple separates. This is different from the old way where pets were grouped with furniture, vehicles, or bank accounts. Courts now recognise that pets are living beings with emotional importance.

So if two people are in disagreement about a pet, the court can:

• Decide that one person will own the pet.
  
• Allow the pet to be transferred to another person, if that person agrees.
  
• Order that the pet be sold, with proceeds possibly divided.
  

However, the law does not allow the court to order shared custody or shared time with the pet. The idea of co-parenting a dog or cat is not something the law recognises at this time.

This change reflects how courts are treating companion animals and family court cases with more care. Pets are still considered property, but they are no longer just treated like objects.

What Factors Will the Court Consider When Making Pet Orders?

When deciding who should keep the pet, the court must think about several factors. These help the judge make a decision that respects the relationship between the pet and the people involved. Under the new rules, the court must consider:

• Any history of abuse or threats against the pet.
  
• Attachment between the pet and either party or any children.
  
• Each person’s ability to care for the animal going forward.
  

These factors show that the court looks beyond who “paid for” the pet. Emotional bonds and safety matter just as much. For instance, if a child has a strong connection with the pet, the court might decide to keep the animal in the same home as the child.

This shows that the companion animal legal status has become more meaningful. Courts are now encouraged to think about the pet’s welfare and its role in the family’s daily life.

Are Companion Animals Treated Differently from Other Property?

Yes, they are. Even though the law still considers pets to be property, the way courts handle companion animals and family court matters is now more thoughtful. Unlike a car or a couch, a pet may be treated as a special kind of property because of the emotional connection involved.

The court can now issue a specific order about the pet on its own, separate from other items. It may also allow more detailed conversations about the pet in court, focusing on its needs and its role in the family.

This means pets have a companion animal legal status that allows for more humane and careful treatment during property settlement cases. This change reflects growing awareness that pets are part of the emotional fabric of many families.

Also Read: Family Law Consent Orders: How They Can Ensure Fair and Lasting Agreements

What Types of Animals Are Not Considered Companion Animals by Law?

To fully understand what is a companion animal, it’s important to also know what doesn’t count. The law clearly says that some animals do not meet the definition of a companion animal. These include:

• Animals used for farming (e.g. sheep dogs used to herd livestock).
  
• Animals used in business (e.g. a bird kept in a shop to attract customers).
  
• Animals used for experiments or laboratory testing.
  
• Assistance animals, such as guide dogs or support animals for medical needs.
  

If an animal has more than one use, and companionship is not the main reason it’s kept, then it will not be treated as a companion animal. For example, a working dog that lives on a farm and also serves as a pet is not a companion animal under the new rules.

This helps clarify the limits of the companion animal legal status. It ensures that only animals kept for personal friendship and emotional support are given this consideration during family law proceedings.

Treating Pets With Dignity in Legal Separation

The way pets are treated during separation and divorce is changing. With the introduction of a clearer definition, the law now answers the question: What is a companion animal in Australian law?

These changes allow the family court to consider pets with more care, offering better protection and a more respectful process for people who love their animals.

Instead of treating them like property to be split, the law now acknowledges their emotional role in a household. Companion animals and family court decisions are becoming more compassionate, giving families and children a better sense of stability when it matters most.

Need Help With a Pet Dispute After Separation?

Are you trying to figure out who gets the pet after a separation? Let Justice Family Lawyers help. 

Our expert lawyers understand the emotional bonds people have with their animals. We can explain how the new companion animal legal status may affect your situation and help you understand your options. 

Whether you’re preparing for mediation or looking for clarity about your pet’s future, we’re here to support you with professionalism and care. Reach out today to speak with a lawyer who puts your family’s needs first.