Pets are treated as property under the Family Law Act 1975 (Cth). Usually separating couples can reach agreement about their pets without going to court.

From 10 June 2025, the Family Law Act 1975 (Cth) codifies a framework for determining where a family pet should go and what factors the Court is to consider when a couple separates.

Under the Act, a pet, or "companion animal", is an animal kept by a couple or a member of a couple primarily for companionship [Family Law Act 1975 (Cth) s 4]. It does not include an assistance animal or an animal kept as part of a business, for agricultural purposes or for use in laboratory tests. An animal that is kept for more than one purpose (for example, a working dog that is also kept for companionship) will not fall within the definition of a companion animal and will be dealt with as any other property interest.

If a separating couple cannot reach agreement about their pet, the Court may only make one of the following orders with respect to the pet:

[See Family Law Act 1975 (Cth) s 79(6) for married couples and s 90SM(6) for de facto couples.]

The Court cannot order joint ownership or shared possession or care of a pet.

When making an order about a pet, the Court must consider:

[See Family Law Act 1975 (Cth) s 79(7) for married couples and s 90SM(7) for de facto couples.]