Companion Animals and Family Law: What the June 2025 Changes Mean for Queensland Families

From 10 June 2025, major changes to Australian family law have reshaped how courts deal with pets in property settlements. These reforms apply in Queensland and across most of Australia under the Family Law Act 1975 (Cth).

Pets are no longer treated as ordinary property. Instead, they are now recognised as “companion animals” — a distinct legal category that reflects their emotional significance within families.

For separating couples in Queensland, this means the Federal Circuit and Family Court of Australia will now look beyond whose name appears on the microchip or council registration.

The court must consider who cared for the animal, the bond with family members (including children), and whether family violence has affected the pet’s safety.

These reforms aim to produce fairer and more practical outcomes when relationships break down and a family pet is involved.

What Changed in June 2025?

The changes were introduced through the Family Law Amendment Act 2024 (Cth), which amended the Family Law Act 1975 (Cth). Most financial and property-related reforms commenced on 10 June 2025.

For the first time, the legislation:

• Defines what constitutes a “companion animal”

• Lists specific factors courts must consider when determining who keeps a pet

• Clarifies what types of orders courts can and cannot make

These amendments apply to married and de facto couples in Queensland.

What Is a Companion Animal?

A companion animal is broadly defined as an animal kept primarily for companionship.

However, the law excludes:

• Assistance animals under the Disability Discrimination Act (for example, guide dogs)

• Animals kept for commercial or business purposes

• Agricultural livestock

• Animals used in laboratory research

In Queensland family law disputes, most household pets — including dogs, cats and similar animals — will fall within the companion animal definition.

How Queensland Courts Decide Who Keeps the Pet

When making property settlement orders under section 79 (for married couples) or section 90SM (for de facto couples) of the Family Law Act, the court must now consider specific factors relating to companion animals.

These include:

• When and how the animal was acquired

• Who legally owns or currently possesses the pet

• Who has been responsible for day-to-day care

• Who has paid for food, veterinary treatment, insurance and other expenses

• Any history of family violence

• Any actual or threatened harm to the animal

• The bond between the pet and family members, including children

• Each party’s ability to care for the animal in the future

• Any other relevant circumstances

The focus is on practical care, welfare, and safety — not just technical ownership.

What Orders Can the Court Make About Pets?

The court’s powers are intentionally limited.

In Queensland family law matters, the court may order:

• Sole ownership of the pet to one party

• Transfer of ownership to another person (with that person’s consent)

• In limited circumstances, sale of the animal

Importantly, the court cannot order shared care arrangements or “custody schedules” for pets.

Unlike parenting matters involving children, there is no legal framework for alternating weeks with a dog or sharing school holiday time with a cat. If separating couples in Brisbane or elsewhere in Queensland want shared arrangements, they must reach a private agreement.

Family Violence and Protection of Pets

The 2025 reforms formally recognise the link between family violence and harm to animals.

Queensland courts must now consider:

• Any family violence between the parties

• Any actual or threatened cruelty or harm directed at the animal

The court must also take into account the broader financial impact of family violence when determining property settlements.

If you are in Queensland and there is any risk that a pet may be harmed, sold, or withheld as a form of coercion, it is essential to obtain legal advice promptly.

Evidence That Can Assist in Pet Disputes

If agreement cannot be reached about who keeps the pet, evidence of care and financial responsibility can be crucial.

Helpful documents may include:

• Queensland council registration records

• Microchip documentation

• Veterinary records and invoices

• Pet insurance policies

• Receipts for food, grooming and supplies

• Training certificates or competition entries

• Photos showing ongoing involvement

• Messages or emails confirming care arrangements

• Communications containing threats relating to the pet

• Any documentation relating to family violence or animal cruelty

In property disputes before the Federal Circuit and Family Court of Australia in Queensland, practical evidence of who actually cares for the pet on a daily basis carries significant weight.

Private Agreements About Pets

Because court orders are limited, negotiated agreements are often more flexible and practical for Queensland families.

While parties can create informal arrangements, they are not legally enforceable unless formalised through:

• Consent Orders filed with the Federal Circuit and Family Court of Australia, or

• A Binding Financial Agreement

When negotiating arrangements, consider addressing:

• Ownership and where the pet will live

• Responsibility for day-to-day expenses

• Payment of veterinary costs and insurance

• Holiday and boarding arrangements

• Emergency medical decisions

• What happens if one party relocates within or outside Queensland

• How future disputes will be resolved (for example, mediation)

Formalising an agreement can provide certainty and reduce future conflict.

Frequently Asked Questions

Can a Queensland court order shared custody of a pet?

No. The court cannot impose shared-care arrangements for companion animals. It may only order sole ownership, a consented transfer, or sale.

Are pets treated the same as children under Queensland family law?

No. Pets remain legally classified as property. However, companion animals are now assessed under a dedicated framework that considers care, attachment and safety, including family violence.

Are assistance animals included?

No. Assistance animals under the Disability Discrimination Act are excluded from the companion animal definition, as are animals used for business, agriculture or research purposes.

When should I seek legal advice?

You should seek advice from a Queensland family lawyer if:

• There is a risk your pet may be sold, rehomed or harmed

• Family violence is involved

• The pet forms part of a broader property dispute

• You want to formalise an agreement

In Summary

Since 10 June 2025, pets in Queensland family law matters are recognised as companion animals under the Family Law Act 1975 (Cth).

When deciding who keeps a pet after separation, the court must consider:

• Care responsibilities

• Financial contributions

• Emotional attachment

• Safety concerns

• Family violence

However, courts cannot order shared care arrangements. Only sole ownership, consented transfer, or sale are available outcomes.

Keeping thorough records and obtaining early legal advice can significantly improve your position in a property settlement involving a family pet.

Need Advice About a Pet Dispute in Queensland?

Disagreements about family pets can be emotionally difficult — particularly when combined with parenting and property settlement issues.

An experienced Queensland family lawyer can help you:

• Gather and present the right evidence

• Address safety concerns

• Negotiate workable arrangements

• Formalise agreements through Consent Orders or Binding Financial Agreements

The goal is a fair, practical outcome that protects both you and your companion animal.

Ready to Resolve Your Matter with Confidence?

If you’re dealing with a family law issue involving pets, property, or separation, getting the right advice early can make all the difference. Our team at Sarinas Legal provides clear, practical guidance to help you protect what matters most and move forward with certainty.

Contact Sarinas Legal today to book a confidential consultation and take the first step toward a fair, workable outcome.