Australia is home to approximately 30 million pets, found in two-thirds of households, underscoring the essential role pets play in offering comfort and companionship. Under current family law, pets are treated as personal property in property settlements. In the absence of a private agreement, courts typically rely on the common approach of considering the contributions made by each party throughout the relationship, and future needs of both parties, to determine ownership.
The Family Law Amendment Bill 2024 proposes a significant shift by formally recognising the emotional bond between pets and their owners. The Bill defines pets as “companion animals” and introduces several factors for determining ownership in property settlements. These factors include how the pet was acquired, any history of family violence or cruelty, who has contributed to the ongoing care and expenses (such as food, training, and veterinary bills), and who has attended to the pet’s daily needs. Additionally, the Bill considers both parties’ future ability to care for the pet without support from the other, as well as the emotional attachment to the pet by either party or any children involved.
A key provision of the Bill grants the Court the authority to issue interim or final orders regarding the transfer or temporary surrender of pet ownership, which may be granted to another individual or entity (eg. a relative, friend, or animal welfare shelter). This provision aims to protect survivors of family violence by ensuring that they can retain custody of their companion animals during difficult times.
The Family Law Amendment Bill 2024 successfully passed both houses of Parliament last week and is now pending approval by the Governor-General. Once approved, it will offer much-needed support to pet owners who have dedicated years to caring for their pet.
If you are separating, and have concerns about pet ownership, please do not hesitate to contact our family law team at 1300 285 888 to schedule a free initial consultation.
