Family Law Changes for Couples with Property and Pets: What You Need to Know

Separation is rarely easy. For couples, it brings emotional upheaval and the challenge of dividing property, assets, and, more often than ever, beloved pets.

As of June 2025, sweeping changes to Australian family law will reshape how courts approach property settlements and pet ownership after a relationship breakdown. If you share a home, assets, or a furry friend with your partner, these reforms will directly affect you.

This blog unpacks the latest family law changes, explains what they mean for separating couples, and answers the most common questions about property and pet disputes. Whether you’re married, in a de facto relationship, or simply planning for the future, understanding these changes is crucial.

The Landscape Before the Changes

Historically, Australian family law treated pets as property, no different from a car or a sofa.

During separations, courts focused on ownership and financial contributions, often overlooking emotional bonds and the well-being of the animal. This approach left many pet owners dissatisfied, as their deep connection to their pets was not legally recognised.

The property settlement process itself was (and still is) guided by the Family Law Act 1975. The court identifies all assets and liabilities, assesses each party’s contributions (both financial and non-financial), and considers their future needs. The aim is to reach a just and equitable division, not necessarily a 50/50 split.

Why the Law Needed to Change

Australia’s relationship with pets has evolved.

As of 2023, approximately 69% of Australian households own a pet, and more than 30% of divorce cases now involve contested pet custody. Over the past decade, there’s been a 40% increase in pet custody disputes, with family lawyers reporting that around 15% of property disputes involve disagreements over pets.

This surge reflects the reality that pets are family. Emotional bonds run deep, and disputes over pet ownership can be as fraught as those over children or finances. The old legal framework simply didn’t keep pace with modern attitudes or the complexities of family life.

The 2025 Family Law Amendments: What’s New?

Companion Animals Recognised

From 10 June 2025, the Family Law Amendment Act 2024 comes into effect, marking a significant shift in how pets are treated during separations. Pets are now recognised as “companion animals” rather than mere property.

Definition of a Companion Animal:

1. An animal kept primarily for companionship by a couple (married or de facto).
2. Excludes assistance animals (like guide dogs), and animals kept for business, farming, or scientific purposes.

How Will Courts Decide Pet Ownership?

For the first time, courts can make specific orders about pets, including:

1. Granting ownership to one party
2. Transferring the pet to a consenting third party
3. Ordering the sale of the pet

Notably, joint custody orders for pets are not permitted under the new law.

When deciding who keeps the pet, courts must consider:

1. Who acquired the pet and for what purpose
2. Who cared for and paid for the pet’s maintenance
3. The emotional attachment between the pet and the parties (and any children)
4. Any history of family violence, cruelty, or threats involving the pet
5. Each party’s ability to care for the pet independently
6. Any other relevant circumstances

This approach is designed to reflect the true nature of the human-animal bond and to protect pets from being used as leverage in abusive relationships.

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Property Settlements

While the pet provisions are headline-grabbing, the 2025 reforms also clarify and strengthen how property settlements are handled.

How Property is Divided

The court’s process remains consistent:

1. Identify all assets and liabilities (the “property pool”)
2. Assess each party’s contributions (financial, homemaking, parenting)
3. Consider each party’s future needs (age, health, earning capacity, care of children)
4. Make orders that are “just and equitable”

Options for Settlement:

1. Informal agreement (not legally binding)
2. Binding Financial Agreement (legally binding contract)
3. Consent Orders (legally binding and recognised by the court)

If parties can’t agree, the matter may go to court, but only after all reasonable attempts at dispute resolution have been exhausted.

The 2025 amendments also expand the court’s obligations to consider family violence—including economic or financial abuse—when determining property settlements. This ensures that victims of abuse are not disadvantaged in the division of assets or in decisions about pet ownership.

Practical Implications for Couples

What If You’re Separating Now?

The new laws apply to all property law proceedings in family law courts from 10 June 2025, unless your matter has already commenced and reached a final hearing. If you’re currently separating, or considering it, these changes will likely affect your case.

What Happens to Our Pet?

Courts now look beyond simple ownership. If you and your partner can’t agree on who keeps the pet, the court will weigh factors such as:

1. Who bought or adopted the pet
2. Who has been the primary caregiver
3. The pet’s relationship with children
4. Any evidence of cruelty or threats involving the pet
5. Each party’s ability to care for the pet alone

Example:

If one partner worked long hours while the other provided daily care, the court may favour the primary caregiver, especially if children are attached to the pet.

Can We Share Custody?

Joint custody arrangements—where the pet moves between homes—are not permitted under the new law. The court must award ownership to one party or order the pet’s transfer or sale.  However, couples can still agree privately to share care, but this won’t be enforceable by the court.

What About Other Property?

The same principles apply as before, but with a renewed focus on fairness and the impact of family violence. The court will consider your contributions, needs, and any abuse suffered, including economic abuse (e.g., controlling access to money or assets)

What Should You Do Next?

If You’re Considering Separation

1. Take stock of all assets, including pets.
2. Try to reach an amicable agreement with your partner about property and pet care.
3. Document your contributions and any relevant history (especially concerning pets or family violence).

If You’re Already Separating

1. Be aware that the new laws will likely apply to your case.
2. Seek legal advice before making decisions or agreements, especially if there’s a risk of conflict.

If You Have Concerns About Your Pet’s Welfare

1. Gather evidence of your role as caregiver.
2. Note any incidents of cruelty, threats, or family violence.
3. Consult a family lawyer to understand your options.

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How Nardi Lawyers Can Help

Navigating separation is challenging, especially when property and pets are involved. The new family law changes bring much-needed clarity and compassion, but they also introduce new complexities.

At Nardi Lawyers, we specialise in family law and have extensive experience helping clients achieve fair outcomes in property and pet disputes.

Whether you need advice on your rights, assistance negotiating an agreement, or strong representation in court, our team is here to guide you every step of the way. We understand the emotional stakes—and we’re committed to protecting what matters most to you.

Don’t leave your future, or your pet’s, to chance. Contact us today for expert guidance and compassionate support. Let us help you move forward with confidence.

Frequently Asked Questions

Will these changes apply to de facto couples?
Yes. The new laws apply to both married and de facto couples.

Can the court order that the pet be sold?
Yes, if neither party is able or willing to care for the pet, the court can order the sale of the pet, with proceeds divided as part of the property pool.

What if my ex threatens to harm the pet?
The court will take any evidence of cruelty, abuse, or threats against the pet very seriously. Such behaviour can influence both pet and property orders, and may also be relevant to any family violence orders.

Do these changes affect assistance animals?
No. Animals used for disability assistance, business, farming, or science are excluded from the new companion animal provisions.

How can I protect my interests?
Document your role in caring for the pet, keep receipts for pet-related expenses, and seek legal advice early especially if you anticipate a dispute.