Pets as Property – “I’m taking the dog!”

Did you know your pet is property? Sometimes the most precious asset in a family law breakdown isn’t the cash, it’s Rufus the Bulldog. Previously, pets fell into a grey area which could become one of the most contentious parts of a dispute. The Family Law Act was amended in June 2025 to include pets as matrimonial property that can be legally accounted for in the event of separation. To put it plainly, the Court can now decide who keeps Rufus.

Pets are defined in the Family Law Act as “companion animals”. This definition does not include assistance animals, animals kept as part of a business, livestock, or animals used in laboratory tests.

When determining which party is best suited to keep the pet, the Court considers:-

1. How the pet was acquired;
2. Who has legal ownership of the pet;
3. Who paid for the maintenance of the pet eg vet bills, food, pet insurance etc.
4. The ability for either party to care for and maintain the pet without future support or involvement from the other party.

The Court will also consider a history of family violence and threats or acts of cruelty or abuse of the pet when making a decision about who the pet should stay with.

If you are going through a separation and want to ensure that your fur baby is protected, please reach out to our team via phone or email to schedule an appointment to speak with one of our friendly Family Law solicitors.

The material included in this website is produced by O’Hearn Lawyers Pty Limited.  It is designed and intended for general information purposes only.  The contents do not constitute legal advice, are not intended to be a substitute for legal advice and should not be relied upon as such.  You should seek legal advice or other professional advice in relation to any particular matters you or your organisation may have.