When Love Ends, Who Gets the Dog?
It’s a question that has sparked more than a few emotional showdowns in the wake of breakups. But as of 2025, Australia’s legal system is finally catching up with the emotional reality of pet ownership during relationship breakdowns. Enter: The Family Law Amendment Amendments 2024 (Cth)—a game-changing update that gives pets their long-overdue moment in the legal spotlight (whilst passed in 2024, this amending Act is scheduled to come into effect for married couples next month, and will likely also come into effect for de facto couples, but the date for that is not yet known).
If you’ve ever seen an ownership battle over a Dachshund or a Cavoodle, you’ll understand why this Amendments matters. So, what’s changing, and why should you care? Let’s dive in.
A Quick Recap: How We Got Here
Before we tackle the furry details, let’s rewind. Back in late 2023, the Australian Government floated a draft act called the Family Law Amendment Amendments (No. 2) 2023. It was all about gathering feedback from family law professionals, with an eye toward modernizing and humanizing the law.
Fast forward to 22 August 2024, and the final version—the Family Law Amendment Amendments 2024—was officially introduced to Parliament. This amendment builds on the 2023 reforms, which focused mainly on parenting arrangements. But this time around, property matters are taking centre stage—including something most of us don’t usually think of as “property”: pets.
Pets in the Eyes of the Law: More Than Just Property
Let’s face it: for most people, pets aren’t just animals—they’re family. They sleep on our beds, comfort us when we’re down, and often mean more to us than some distant relatives. But legally? Until now, pets have been treated like furniture. That’s right—your dog, your cat and your pet iguana were all lumped into the same category as your sofa.
The new amendments finally recognise the emotional significance of pets by classifying them as “companion animals”—a special category within property law. It defines companion animals as:
“An animal kept by the parties to a marriage or either of them, or the parties to a de facto relationship or either of them, primarily for the purpose of companionship.”
Notably, animals used for work—like cattle dogs—don’t fall under this new definition. Farm animals are also not included. It’s strictly about pets that offer emotional support, friendship, and family connection.
Also – don’t be fooled by the wording above the reference to a “de facto” relationship in this definition applies to the whole of Australia, except Western Australia.
So, What’s New? A Tail-Wagging List of Legal Changes
Under current law, there’s no formal mention of pets in the Family Law Act, which has led to inconsistent court rulings and plenty of heartbreak. Judges have typically looked at practical factors like:
- Who bought the pet?
- Who paid for its upkeep?
- Who looked after it daily?
But now? The Family Court will have clear guidance when making decisions about pets during property settlements. The courts will now consider:
- How the pet was acquired
- Who currently owns or has possession of the pet
- Each person’s role in caring for and funding the pet’s needs
- Any history of family violence
- Any cruelty toward the pet
- The emotional attachment between the pet and either party—or their children
- Each person’s ability to continue caring for the pet
These factors aim to bring empathy and common sense into the legal process—because let’s be real, a dog isn’t just an asset—it’s someone’s best friend.
Goodbye to Joint Ownership (Yes, Really)
Here’s where it gets a bit controversial. While the reforms do a great job acknowledging a pet’s emotional value, they stop short of allowing joint ownership or shared ownership. That’s right—courts will only be able to make one of two rulings:
- Award the pet to one party, or
- Order the pet be sold (which most pet lovers would find heartbreaking).
No rotating weeks, no shared holidays, no paw-ternity time split evenly down the middle. It’s one pet, one person.
While this may sound harsh, the rationale is that shared ownership can lead to ongoing conflict, especially if ex-partners don’t see eye-to-eye. In some cases, giving both parties access to the pet could do more harm than good—both to the people and the pet.
Pets and Family Violence: A Hidden Factor
One of the most powerful—and perhaps overlooked—aspects of the amendments is its recognition that pets can be weaponised in abusive relationships. Threats to harm or remove a beloved pet have long been used to exert control, yet the law didn’t fully acknowledge this reality until now. Under the new amendments, courts will be able to factor in past violence or cruelty to pets when making decisions.
Why This Change Matters for You
Whether you’re a dog dad, a cat mom, or a proud budgie owner, this legal reform could directly impact your life if your relationship ends. It signals a major shift in how Australia views pet ownership in the context of family law.
And if you’re thinking, “I’d never go to court over my staffy!”—think again. Breakups can get messy, and when emotions run high, even the friendliest exes can find themselves in a dispute over who gets to keep the fur baby.
Final Thoughts: Is the Law Finally Catching Up to Real Life?
In a word: yes. The Family Law Amendments 2024 is a giant leap toward a more compassionate, realistic legal system that reflects how we actually live.
While there’s room for further evolution (like introducing shared ownership of pets for amicable exes), this reform is a huge win for pet lovers across Australia. It shows that our legal system is finally beginning to value the emotional weight of our relationships—not just with each other, but with the animals we cherish. That’s a shift worth barking about.
Hopefully the WA State government won’t be too far behind the Federal government in mirroring this legislation for de facto couples in WA – we will keep you posted.
The Family Law Amendments 2024 comes into effect 10 June 2025, and please don’t hesitate to contact out family law team if you find yourself facing a pet ownership dispute.
About the Author: This article is authored by Avinash. Avinash graduated from Murdoch University with a Master of Laws and a Bachelor of Business, majoring in finance.
