Previously under Family Law legislation and case law, the family pet was characterised and treated just like any other asset of the relationship such as a car or personal chattel (personal item of property). This gave consideration to each parties’ contribution towards that item of property (the pet) being a primary factor in determining who should retain the animal as part of a division of property.

The new law (which began 10 June) creates a special category called ‘companion animals’ which is defined under the new legislation as an animal that is ‘primarily for the purpose of companionship’.

This doesn’t include:

• assistance animals (like guide dogs)
• farm animals
• animals used in businesses
• animals used in lab testing

Why the change?

The changes to treatment of companion animals arises in circumstances where the Australian Law Reform Commission’s 2023 National Principles to Address Coercive Control in Family and Domestic Violence report it was identified that in as many as 7 out of 10 cases, domestic and family violence involved animal abuse.

What does this mean?

It remains to be seen how the Courts will handle judgments and appeals, however, for the time being, it appears that legislation is slowly adjusting to give a more specialised and weighted approach towards the treatment of companion animals in line with the significant role and importance that the family pet has in Australian families.

What should you do?

If you’re separating and have pets, it’s a good idea to talk to a family lawyer who understands these new rules. They can help you figure out what this means for your pet and your property settlement.

If you need advice, the team at Parker Coles Curtis is here to help with family law questions, including how your family pet may be treated during separation.