Since 10 June 2025, the Family Law Act 1975 (Cth) has had a specific framework for family pets when a relationship ends. It was introduced by the Family Law Amendment Act 2024 (Cth). Under the framework, a family pet is called a “companion animal.” The law still treats pets as property, but companion animals are now dealt with separately from other property. They have their own list of factors and a limited set of orders the court can make.
This changes the answer to a common question: who gets the pet after separation in Queensland? Before the reforms, a dog or cat was generally treated like any other asset. Now the court works through a set list of considerations, including who cared for the animal, attachment to the animal and family violence. The rules apply to married and de facto couples. According to the Federal Circuit and Family Court of Australia, the property changes apply to all separating couples, whether a court decides their property settlement or they negotiate it outside court.
This guide explains what counts as a companion animal, what the court considers, which orders it can and cannot make, and how to reach and formalise an agreement without going to court. For a wider overview of the reforms, see our guide to the 2025 changes to property settlement in Queensland.
What counts as a “companion animal”?
The Act defines a companion animal as an animal kept by one or both people in a marriage or de facto relationship primarily for companionship. In everyday terms, that is the dog, cat, rabbit or bird that lives with you because you enjoy its company.
The definition specifically excludes:
- an assistance animal within the meaning of the Disability Discrimination Act 1992 (Cth)
- an animal kept as part of a business
- an animal kept for agricultural purposes
- an animal kept for use in laboratory tests or experiments
The key word is “primarily.” The animal’s main purpose decides which category it falls into. Depending on the facts, a working dog on an acreage property, a breeding animal that is part of a business, or livestock may fall outside the definition.
Animals that are not companion animals are still dealt with. They are treated like any other property in the settlement, and the special companion animal factors do not apply to them.
How the court decides who keeps the pet
When the court decides what order to make about a companion animal (if any), it considers these factors, where they are relevant:
- how the animal was acquired
- who owns or has possession of the animal
- how much each party cared for the animal and paid for its upkeep
- any family violence that one party has subjected the other to, or exposed them to
- any history of actual or threatened cruelty or abuse towards the animal by either party
- any attachment to the animal by either party or by a child of the relationship
- each party’s demonstrated ability to care for and maintain the animal in future, without support or involvement from the other party
- any other fact or circumstance the court considers the justice of the case requires it to take into account
The Federal Circuit and Family Court has a plain-English summary of these factors on its family pets page.
What the factors mean in practice
No single factor decides the outcome. Who paid the adoption fee is relevant. So is who has fed and walked the animal and taken it to the vet over the years. Registration and microchip details can be evidence of ownership, but they do not settle the question on their own.
The future care factor is practical. The court looks at whether each person can realistically house and care for the animal alone. A rental that does not allow pets, long working hours or frequent travel may all be relevant.
A child’s attachment to the pet is one of the listed factors. Parenting arrangements are dealt with separately under the Act, but in practice the two issues often run side by side.
What orders can the court make?
The court’s powers over companion animals are deliberately limited. It can order that:
- only one party (or a person joined as a party to the proceedings) owns the animal
- the animal is transferred to another person who has consented to the transfer
- the animal is sold
The transfer option can be useful. For example, if neither party can offer a stable home, a grandparent or adult child who agrees to take the pet may be a practical solution. The court can order a sale, but most separating couples will want to avoid that.
Why the court cannot order shared care of a pet
The court cannot order shared ownership or shared care of a companion animal. There is nothing like parenting orders for pets, and no “time with the dog” roster. Many people are surprised by this. The law still treats a pet as property, and the court’s job is to decide who owns it, not to supervise a week-about arrangement.
A hypothetical example
This example is hypothetical. It is included only to show how the factors might interact.
A de facto couple in Robina adopted a kelpie cross together. The dog is registered in one partner’s name, but the other partner did most of the daily walking, training and vet visits. Their eight-year-old daughter is very attached to the dog. After they separated, the registered owner moved into a Surfers Paradise apartment that does not allow dogs. The daughter now lives mainly with the other parent.
In this example, registration points one way. The care history, the child’s attachment and each person’s ability to care for the dog in future point the other way. A court would weigh all of these factors. It could not order the dog to split its time between two homes. Every case turns on its own facts, and no outcome is guaranteed.
Family violence and companion animals
The reforms recognise that pets and family violence are often connected. In a companion animal dispute, the court considers, where relevant, family violence between the parties and any actual or threatened cruelty or abuse towards the animal. The Explanatory Memorandum to the amendments says part of their purpose is to help victim-survivors keep a pet, including where the pet has been used as a tool of coercion or control.
Threatening to harm or take a pet can be a way of exerting control. If you are worried about your safety, deal with that first. In Queensland, protection orders are made under the Domestic and Family Violence Protection Act 2012 (Qld). Our domestic and family violence lawyers can explain the options. In an emergency, call 000.
Where it is safe to do so, keep records such as messages, photographs and vet records. They may be relevant later.
Reaching an agreement without going to court
The companion animal framework applies whether you are negotiating or in court. That gives separating couples a useful reference point. If you both know what the court would consider, it is often easier to agree on an outcome without asking a judge to decide.
At Frigo James Legal, we lead with alternative dispute resolution and treat court as a last resort. Negotiation and family law mediation can often be faster, cheaper and less stressful than going to court. They also give you flexibility that a court does not have.
A practical approach:
- Gather records. Collect adoption or purchase papers, council registration, microchip details, vet bills and pet insurance documents.
- Think about the animal’s needs. Consider its routine, age, health and living requirements.
- Deal with the pet as part of the overall settlement. It is usually best resolved together with the other assets rather than on its own.
- Agree on costs. Decide who pays for vet bills, insurance and ongoing care.
- Put it in writing and make it formal. This is explained below.
Can we agree to share care anyway?
A court cannot order shared care, but separating couples can make their own arrangements. If you are considering any kind of sharing arrangement, get advice on how it should be documented.
Making your agreement formal
If you agree about who will own your pet, or that it will be transferred or sold, the court can formalise that agreement through consent orders. These are orders you both agree to. They are filed with the court and made generally without a court hearing, provided the court is satisfied that the proposed orders meet the relevant legal requirements. Our page on consent orders and financial agreements explains how the process works. Our guide to formalising property division without litigation covers the wider options for documenting a settlement.
Common mistakes to avoid
- Assuming registration decides the outcome. It is one piece of evidence among several factors.
- Using the pet as leverage. Refusing contact or making threats can inflame the dispute. Where the conduct amounts to family violence, or to cruelty or abuse towards the animal, it may be directly relevant to the factors the court must consider.
- Relying on a handshake deal. Informal agreements can fall apart. Formalising your agreement gives you more certainty.
- Forgetting the time limits. Pet arrangements are part of property settlement, so the usual deadlines apply.
Time limits still apply
Married couples generally need to start property settlement proceedings within 12 months after their divorce order takes effect. De facto couples generally have two years from the end of the relationship. After those deadlines, you need either the court’s permission (called “leave”) or the consent of both parties. De facto couples must also meet certain eligibility requirements, which are explained on our de facto relationships page. Our guide to property settlement time limits covers the details.
Frequently asked questions
Does it matter whose name the pet is registered in?
- Yes, but it is only one factor. The court also looks at how the animal was acquired, who cared for it and paid for it, attachment, family violence, any cruelty or abuse towards the animal, and each party’s ability to care for it in future.
Can the court order that we share the dog?
- No. The court can only order that one party owns the animal, that it is transferred to a person who consents, or that it is sold. Any sharing arrangement has to be agreed between you.
Do the new rules apply if my case started before June 2025?
- Generally, yes. The property changes apply to new and existing proceedings, except where a final hearing had already started.
What if our pet is an assistance animal or a working farm dog?
- Assistance animals, and animals kept as part of a business or for agricultural purposes, are not companion animals under the Act. Whether a particular working dog falls into an excluded category depends on the facts. Animals that are not companion animals are dealt with like any other property in the settlement.
Can a family member or friend take the pet?
- Yes. The court can order that the animal be transferred to another person, but only if that person consents.
Talk to us about your family pet
The 2025 reforms give separating couples a clearer framework for deciding who keeps the family pet. They also rule out some outcomes people often expect, such as court-ordered shared care. Understanding how the factors work before you negotiate can help save time, money and conflict.
Our family law team, including family lawyer Brooke Mallard, can help you understand where you stand. We can then work towards an agreement through negotiation or mediation and help you formalise it. Advice is available in English and Mandarin.
New family law clients can book a free 60-minute consultation through our contact page, or by calling (07) 5621 3799 (Monday to Friday, 8:30am to 5:00pm). Getting advice early can help you understand your options, including the time limits that apply. You can also read more about our property settlement services.
Frigo James Legal is a Gold Coast law firm providing family law, wills and estates, and litigation services.
This article is general information only and is not legal advice. For advice about your circumstances, contact Frigo James Legal.
