The Family Law Act 1975 (Cth) (the Act) sets out rules for dividing property when a marriage or de facto relationship ends. Recent changes to the Act make it clear how pets, called "companion animals," should be dealt with in property settlements. This article explains how pets are treated under the Act and what the courts look at when deciding who should own a pet.
When deciding who should get the pet, the court will look at who cared for and paid for the pet, any history of violence or cruelty, the attachment of any party or child to the pet, and other circumstances needed to make a fair decision.
Pets as Property
According to the Act, pets are seen as "companion animals" and counted as a type of property. Even though pets are property, the Act says courts should also think about the special relationship and care involved with pets, which makes them different from other property.
Factors Considered by the Court
When deciding who should have the pet, the court looks at several things, such as:
The circumstances in which the pet was acquired
Who currently owns or possesses the pet
The extent to which each party has cared for and paid for the pet’s maintenance
Any family violence or history of cruelty or abuse towards the pet
The emotional attachment of a party or a child to the pet
Each party’s ability to care for the pet independently in the future
Any other factors the court deems relevant to achieving justice (A) Property Proceedings under the (CTH) Family Law Act 1975.
These factors show that the law now sees pets as more than just property—they are important for emotional reasons too.
Conclusion
The Family Law Act 1975 (Cth) has clear rules for handling pets when dividing up property. Pets are called property, but the Act recognises that they are special and should be treated differently to things like furniture or money.
Still, the court can only give the pet to one person, let someone else take the pet if they agree, or order the pet to be sold. The court cannot make shared care orders for pets.
These rules try to balance the legal and emotional sides of owning a pet and to make sure the result is fair for everyone.
If you want to keep your furry child, let us know and make an appointment to discuss how we can assist.
