Breakups are tough. You’re dividing furniture, sorting out finances, and figuring out who gets the Netflix password. But what about your beloved fur baby? Historically, Australian law treated pets like any other household item … no different from a coffee table or TV. That meant pet custody was often decided based on who bought the pet or whose name was on the registration papers.
As of June 2025, that all changed. Thanks to the Family Law Amendment Act 2024, pets will no longer be lumped in with property. Instead, they’ll be recognised as “companion animals,” and courts will consider their wellbeing and emotional bonds when deciding who keeps them.
Pets Are Family Now (Legally Speaking)
Under the new law, pets are no longer just property, they’re companion animals. This means that when a couple separates, the court will look at more than just ownership papers. They’ll consider who feeds the pet, who takes them to the vet, and who walks them. Essentially, the court wants to know who the primary caregiver has been and who can best care for the pet moving forward.
Eve Smith, a family lawyer and pet custody expert, explains that previously, the decision often came down to whose name was on the pet’s registration. Now, the court will also consider factors like who has been responsible for the pet’s daily care and who has a stronger emotional bond with the animal.
“Now it’s not only whose name the animal is in, but other factors are taken into account, such as who walks the dog, feeds it, takes it to the vet, pays for medical expenses, and would the animal be better off with that party?”
Protecting Pets in Domestic Violence Situations
The new laws also consider situations involving domestic violence. Sadly, pets are often used as tools of control in abusive relationships. Perpetrators may harm or threaten to harm pets to manipulate their partners. Under the new legislation, courts will consider any history of family violence or cruelty towards the pet when deciding custody.
Monique Dam, CEO of Lucy’s Project, a charity focused on the safety of people and animals in domestic violence situations, highlights that many victims delay leaving abusive relationships out of concern for their pets. The new laws aim to address this by ensuring that the welfare of pets is considered in legal decisions, potentially making it easier for victims to seek safety without leaving their pets behind.
“I just think it’s so important to adopt an animal-inclusive response to domestic and family violence and we can remind that if animals are at risk, then women and children are at risk. And the safety of people and animals is interconnected.”
Kids and Pets: A Package Deal?
For families with children, the bond between kids and their pets can be incredibly strong. The new laws recognise this and allow courts to consider the attachment between a child and a pet when making custody decisions. This means that if a child has a particularly close relationship with a pet, the court may decide that the pet should stay with the child to support their emotional wellbeing.
This approach acknowledges that pets are often more than just animals—they’re part of the family. By considering the needs of both the child and the pet, the court aims to make decisions that support the best interests of all involved.
Should You Get a “Pup-Nup”?
While the new laws provide a framework for pet custody decisions, some experts suggest that couples consider creating a “pup-nup”—a prenuptial agreement for pets. This document outlines what will happen to the pet in the event of a breakup, potentially avoiding legal disputes down the line.
A pup-nup can detail who will be responsible for the pet’s care, how expenses will be shared, and what visitation arrangements might look like. By having these conversations early, couples can ensure that their pets are well cared for, regardless of what happens in the relationship.
The new changes to Australian family law mark a significant shift in how pets are viewed in legal contexts. By recognising pets as companion animals, the law acknowledges the deep emotional bonds between humans and their pets. This change not only benefits the animals but also supports the wellbeing of families navigating the challenges of separation.
