From 10 June 2025, your family pet has its own dedicated framework in Australian family law. The Family Law Amendment Act 2024 introduced new rules for what the law now calls companion animals. Pets are still classified as property, but courts now apply an eight-factor test to decide who keeps them after a separation, and that test looks at care, attachment, family violence, and the welfare of the animal itself.
Quick Overview of What You Need to Know
For time-pressed readers: This guide explains the new companion animal framework in the Family Law Act 1975, what counts as a companion animal, the eight factors courts consider, what orders are and are not available, and what Camden-area separating couples should do next.
Key facts at a glance:
- The new framework commenced on 10 June 2025, introduced by the Family Law Amendment Act 2024.
- Pets are now considered under their own provisions, in sections 79(6) and 90SM(6) of the Family Law Act 1975.
- Courts must consider eight specific factors before deciding who keeps a pet.
- The framework applies equally to married couples and de facto couples.
- Courts cannot order shared custody or a visitation roster for pets.
- Family violence and animal cruelty are now explicit factors the court must weigh.
What Actually Changed in June 2025
For decades, your dog or cat sat in the same legal category as your couch. Pets were property under the Family Law Act 1975, and the court divided them along with everything else in the property pool. Care, attachment, and the welfare of the animal carried very little weight.
The Family Law Amendment Act 2024, which received Royal Assent on 10 December 2024 Federal Register of Legislation, 2024, changed that. The companion animal provisions commenced on 10 June 2025 and gave pets a dedicated legal framework for the first time Attorney-General’s Department, 2025.
Two new subsections were inserted into the Act:
- Section 79(6) and 79(7) apply to married couples.
- Section 90SM(6) and 90SM(7) apply to de facto couples.
Both work identically. The legal test is the same regardless of whether you were married or living together.
Important: Pets are still legally classified as property. The change is not that pets are now treated like children. The change is that the court must apply a specific set of factors focused on the animal’s welfare and the parties’ relationship with it, rather than just dividing it like furniture.
What Counts as a Companion Animal
Under the new definition, a companion animal is an animal kept by one or both of you primarily for the purpose of companionship Attorney-General’s Department, 2025.
That covers most household pets:
- Dogs
- Cats
- Rabbits and other small mammals
- Birds
- Fish
- Reptiles and amphibians
The definition specifically excludes:
| Excluded category | What it means |
| Assistance animals | Guide dogs and other animals covered by the Disability Discrimination Act 1992 |
| Business animals | A breeder’s working stock, racing greyhounds, performance horses |
| Agricultural animals | Livestock such as cattle, sheep, working farm dogs |
| Laboratory animals | Animals used in scientific testing |
If your pet is your companion rather than a working animal or part of a business, the new framework applies.
The Eight Factors Courts Now Consider
When a court is asked to decide who keeps a companion animal, section 79(7) requires it to consider the following factors so far as they are relevant Attorney-General’s Department, 2025:
- How the animal was acquired. Who bought or adopted the pet, when, and from where. A dog brought into the relationship by one party stands in a different position to a dog adopted jointly during the relationship.
- Current ownership or possession. Whose name is on the registration, the microchip, and the vet records. Where the pet has been living since separation.
- Care and financial contribution. Who walked the dog, who took it to the vet, who paid for food, training, grooming, and pet insurance. Day-to-day caring history carries real weight here.
- Family violence. Any family violence to which one party has subjected or exposed the other. This is now an explicit pet-custody factor, not just a parenting-time factor.
- Cruelty or abuse towards the animal. Any history of actual or threatened cruelty or abuse by a party towards the pet. Vet records, RSPCA reports, and witness evidence can all be relevant.
- Attachment. Any attachment by a party, or a child of the marriage (or a child of the relationship for de facto matters under s.90SM), to the companion animal. The bond a child has with a family dog is now legally recognised, even though the child has no separate say.
- Future caring ability. Each party’s demonstrated ability to care for and maintain the animal without support or involvement from the other party. A party who works long hours and has no backyard may struggle here against a party who works from home with space for the pet.
- Any other relevant fact or circumstance. A catch-all that lets the court take into account anything else that the justice of the case requires.
The court weighs these factors together. No single factor is automatically decisive.
What Orders the Court Can and Cannot Make
The court can make three kinds of orders for a companion animal:
- Sole ownership transferred to one party, with the other party giving up any claim.
- Sale of the animal and division of the proceeds (rare, and unlikely where there is genuine attachment on either side).
- Retention by one party with a financial adjustment to the other as part of the broader property settlement.
What the court cannot order is just as important FCFCOA, 2025:
- No shared ownership. Unlike children, the court will not give you joint legal ownership of a pet.
- No visitation roster. There is no legal mechanism for alternating weeks with the dog, or splitting school holidays with the cat.
- No “right to visit” the pet. Once the order is made, the pet goes to one party.
This is the single most important difference between pets and children under family law. Pets are not subject to parenting orders. Courts will not micromanage a roster between two ex-partners and a dog.
That does not stop separating couples from agreeing to an informal arrangement between themselves. Many couples do work out arrangements that suit them, and informal agreements between parties are entirely lawful. They simply are not enforceable as court orders if one party later changes their mind.
Why This Matters for Camden Couples
Family law is Commonwealth law, so the new framework applies the same way across NSW, including throughout Camden, Narellan, Oran Park, and the wider Macarthur region. The Federal Circuit and Family Court of Australia hears these matters, and Camden-area clients typically have proceedings heard at the Parramatta or Sydney registries.
A few practical observations specific to our region:
- Many Camden households are dog households. With larger blocks than inner-Sydney, dogs are common and often two or three to a family. The new framework gives those animals real legal recognition for the first time.
- Family violence is now an explicit pet factor. The new laws sit alongside the broader 2024 family violence reforms. Where there is documented family violence in a separation, this directly affects who keeps the pet.
- Mediation remains the preferred path. Family Dispute Resolution through accredited providers in the Macarthur region typically resolves pet disputes faster and more cheaply than a contested final hearing.
Practical Steps If You Are Separating With a Pet
If pets are part of your separation, the new framework changes what evidence matters and how to prepare. Practical steps to take now:
- Gather your documentation. Microchip registration, vet records, adoption papers, council registration, pet insurance, receipts for food and care. These now directly affect the eight-factor test.
- Keep a brief record of day-to-day care. Who walks the dog, who feeds the cats, who takes them to the vet. A short diary or calendar is enough.
- Take photos of the pet with your children where relevant. Attachment by a child of the marriage is now an explicit factor. Photos and short videos showing the bond carry weight.
- Document any safety concerns. If there has been family violence or cruelty towards the pet, keep records, vet reports, and any police or AVO documentation.
- Avoid moving the pet without agreement. Taking the dog without the other party’s knowledge during a separation can damage your position. Where possible, agree in writing on where the pet stays while the separation is being worked through.
- Get legal advice early. The eight-factor test is fact-specific. A short consultation can clarify how the factors apply to your situation before you make decisions that are hard to undo.
Frequently Asked Questions
Does the new framework apply if we separated before 10 June 2025?
If your property proceedings were commenced before 10 June 2025 and have not yet been finally determined, the new companion animal framework still applies to your case, with limited exceptions where the final hearing is already underway. Most pre-June 2025 matters that are still on foot use the new test.
What if neither of us bought the pet but a child picked it out?
The court will consider how the animal was acquired as one factor, but who paid for it is not decisive. Care, attachment, and future caring ability all carry weight, and a child’s attachment to the pet is explicitly part of the test.
Can we agree on a shared arrangement even though the court cannot order one?
Yes. Many couples agree informally to alternating weeks, weekend visits, or shared care of a pet. These arrangements are lawful between the parties but are not enforceable through court orders. If certainty matters to you, sole ownership with a clear written agreement is the more stable option.
What if my ex is threatening to harm or get rid of the pet?
This is a serious situation and you do not have to manage it alone. Threats of cruelty or abuse towards the animal are an explicit factor under section 79(7)(e). Document the threats, keep any messages, and seek legal advice urgently. In serious cases, the court can be asked for urgent interim orders to protect the animal.
Do these laws cover horses, chickens, or other unusual pets?
If the animal is kept primarily for companionship rather than business or agricultural purposes, yes. A pet horse kept for personal riding and companionship is covered. A racing or breeding horse is not. The test focuses on purpose, not species.
How Family Focus Legal Can Help
The new companion animal framework gives separating couples a much clearer pathway to pet custody outcomes than the old law, but it is still property law. The eight factors interact with the rest of your property pool, your parenting arrangements where children are involved, and any family violence considerations.
Our family law team supports Camden families through separation, including where pets are part of the picture. We can:
- Explain how the eight-factor test applies to your specific situation
- Help you gather and present the evidence that matters under the new framework
- Negotiate a property settlement that includes a clear outcome for your pets
- Prepare consent orders or financial agreements that lock in an agreed arrangement
- Represent you at Family Dispute Resolution or, where necessary, in court
Every consultation is confidential. If you are separating and pets are part of the picture, we can talk you through what the 2025 laws mean for you. Contact our Camden office to arrange a confidential discussion with one of our family lawyers.
Disclaimer: This article provides general information about Australian family law as at 21 May 2026 and does not constitute legal advice. The eight-factor test under section 79(7) is fact-specific, and outcomes depend on the circumstances of each case. For advice on your situation, contact Family Focus Legal or another suitably qualified family lawyer.
