Although many people consider their pets to be family members, the Federal Circuit and Family Court of Australia treated animals simply as property or an asset during separation. If the separating parties could not reach an agreement on who would keep the animal, the Court typically made orders based primarily on financial contribution, such as who paid the purchase price, veterinary bills, and registration fees, without significant consideration for the welfare of the pet or the emotional attachment of the person retaining or the bond with the children.
However, some changes were introduced on 10 June 2025 by the Federal Circuit and Family Court of Australia that now treats pets as companion animals within property settlements following separation. The Court determines who retains the animal by considering several factors for a just and equitable outcome, including:
- Acquisition: who, how and when the pet was purchased, including if it was a gift.
- Ownership or possession: who registered the pet and where it has lived since separation.
- Care and financial contribution: the extend to who has cared for and pair for the animal, including food, vet bills, grooming, walking and training.
- Family Violence: Any history of violence towards the children or partner and any abuse or cruelty against the pet.
- The emotional attachment of one of the party or a child of the relationship.
- The ability to care about the pet by one of the parties, involvement and whether the party can financially afford for the care and maintenance.
- Any other fact or circumstances relevant to the Court.
Pets and protective orders.
Pets are sometimes used as a tool of family violence, being mistreated or withheld to control family members. In Victoria, an applicant seeking an intervention order can request the return of a pet by a specified date.
While Intervention Orders are designed to protect victim-survivors of family violence, not the pets themselves, failure to comply with an order to return a pet can be a contravention of the intervention order and may result in criminal charges.
Ultimately, when allocating a pet following a relationship breakdown, the Court prioritizes protecting victim-survivors of family violence and their companion animals.
What Orders Can the Court Make?
The Court will prioritise the victim of family violence and the companion animal. The Court can declare who owns and keeps the animal, or order a transfer of ownership or sale, but cannot make orders for joint custody of the animal or force a party to hand over the pet for visitation time or time arrangements. In conclusion, the Court can only decide in exclusive ownership and possession of the animal.
If you wish to proceed with a property settlement, please contact our office to arrange an appointment. Our experienced solicitors can provide the necessary assistance and guide you through the process.
