Divorce is never easy, and when pets are involved, things can get even more complicated. In Australia, family pets are traditionally treated as property in divorce proceedings, but recent legal changes reflect a shift in attitudes. If you’re separating and wondering who gets to keep the family pet, here’s what you need to know about family law and the Family Law Amendment Bill 2024
How Are Pets Treated in a Divorce?
Under Australian law, pets have historically been considered property, just like furniture or cars. However, courts often take into account several factors when determining who keeps the pet, including:
In the past, these factors were considered in property settlements, meaning a pet’s best interests were not necessarily prioritised. But with growing recognition of the emotional bond between owners and pets, the law is changing.
How the Family Law Amendment Bill 2024 Impacts Pet Custody
The Family Law Amendment Bill 2024, passed in December 2024, introduces key changes to how pets are treated in divorce proceedings:
These changes come into effect on 10 June 2025 and aim to better protect the interests of both pet owners and their beloved animals.
What Should You Do If You’re Separating With a Pet?
If you’re going through a separation or divorce and want to ensure the best outcome for your pet, consider the following steps:
Need Legal Advice on Pet Custody in a Divorce?
At Hulse Family Law we specialise in family law and understand how important pets are to families. If you’re facing a divorce and want to protect your rights as a pet owner, our experienced lawyers are here to help.
Contact us today for expert legal advice on pet custody in divorce cases.