Family Law and Divorce

Starting from June 10th, 2025, the Family Law Amendment Act 2024 will be in force, enhancing safety and fairness when dividing property and finances between separating couples.

The Amendment implements Article 16(h) of the Convention on the Elimination of All Forms of Discrimination Against Women, promoting gender equality in property matters. A significant feature is the introduction of a legal framework for family pets.

Pets: From Property to Companions

Previously, animals were treated as chattel – mere property. The new law recognises pets as companions, acknowledging their emotional significance.

This aligns with the National Principles to Address Coercive Control in Family and Domestic Violence, which highlight how pets are often used in coercive and controlling behaviour. Abusers may exploit a victim’s emotional attachment to pets to maintain control, underscoring the need for these reforms.

How Did Courts Previously Deal with Pet Disputes?

Historically, courts viewed pets as property, despite arguments likening them to children. In Downey & Beale [2017], the judge acknowledged the dog’s emotional value but still classified it as property, dismissing an application to transfer ownership.

Similarly, in Grunseth & Wighton [2022], the court acknowledged the pet’s significance but reiterated that animals are legally property.

The New Legal Approach to Companion Animals

Under the reforms:

• Section 4 defines companion animals as pets kept “primarily for the purpose of companionship”.
• Subsection 79(6) empowers the court to:
  • Assign ownership,
  • Transfer the pet to another person, or
  • Order the pet to be sold.

Key Considerations Under Subsection 79(7)

The court must now consider:

• Who cared for and financially supported the animal
• Emotional attachments are formed, especially by children
• Any family violence or abuse towards the animal

This reflects a broader recognition of emotional bonds and the risks posed by abusers targeting pets.

Are the New Provisions Enough?

Concerns remain. Organisations like Relationships Australia, RSPCA and Lucy’s Project argue that the law does not go far enough in protecting both animals and victim-survivors.

Gaps in the Current Law

• Scope of protection: The law covers only companion animals, excluding farm or research animals.
• Ownership outcomes: The court can order a pet to be sold. Advocacy groups recommend surrendering to family, friends, or shelters instead—options that better reflect public sentiment and animal welfare needs.

A 2022 national survey showed 92% of Australians would prefer to give their pet to a known or trusted party rather than sell them.

Coercive Control and Economic Abuse

The law considers ownership, acquisition, and care, but may overlook economic abuse, where victim-survivors were financially prevented from contributing to pet care.

Groups urge that human-animal bonds and the impact of violence, including evidence from Apprehended Violence Orders (AVOs) or Family Violence Orders (FVOs), should take precedence.

Conclusion: A Step Forward, But More May Be Needed

The Family Law Amendment Act 2024 marks a significant shift in recognising the role pets play in relationships and the misuse of animals in coercive control.

While it’s a critical step forward, advocacy groups argue further reform is needed to better safeguard both people and animals from harm.

If you need guidance on how the new laws could impact your situation, please call us on +612 9283 5599 or complete the free and confidential Family Law call-back form below.