The Legal Light Justin Stack Pets no longer just property in family law disputes Who gets custody of the dog, cat, parrot or lizard in a divorce or separation has often been one of the most bitterly fought over aspects of property contests. Until now the law stated all domestic animals, be they the much-loved pooch or moggy, were legally regarded as property - the same as a toaster, sofa or TV. It didn't matter if it was a cute Cavoodle, loyal Labrador, highly trained Kelpie or Collie, yappy Pekingese or cuddly cat, the law said when separating couples couldn't agree who keeps the family pet, it was usually the person who had bought it, paid its vet bills and registered it who walked away with the pet. Emotional attachment to the pet wasn't a legal factor in family law - but that has now changed. Family lawyer Anneka Frayne at Stacks Law Firm said under the Family Law Amendment Act 2024, which came into effect across Australia on June 10, pets are no longer legally considered as property, but as companion animals. It's not just who paid for it, but other factors must now be taken into consideration, such as who walks the dog, feeds it, takes it to the vet, pays medical expenses and also the attachment between animal and human. The court must also consider what is best for the pet. If separating couples cannot agree, they can apply to the family law courts to make an order about the fate of family pets. "Family law courts now have to consider the attachment of each party, or children, to the animal," Ms Frayne said. "The amendment also includes a significant change for victims of family violence, such as whether a person has inflicted cruelty, or made threats regarding the animal as part of domestic violence in an effort to control their partner and children. Studies have found 70 per cent of women fleeing domestic violence also report pet abuse. Their concern for the fate of the pet dog or cat prevents many women from leaving abusive partners. "Disputes about pets in family law mostly centre on dogs, as humans and dogs can have strong emotional attachments. The new law will make sure these connections are more closely examined in determining pet custody. "The amendment also says the economic effect of family violence will also have to be considered when deciding on property and finances after separation. It could include assessing each party's contribution to the property pool when a partner was not allowed to work, or the future cost of counselling or rehabilitation." STACKS LAW FIRM Tim Stack Commercial Lawyer 02 6592 6592 taree.stacklaw.com.au Partners in life The Legal Light Justin Stack Pets no longer just property in family law disputes Who gets custody of the dog , cat , parrot or lizard in a divorce or separation has often been one of the most bitterly fought over aspects of property contests . Until now the law stated all domestic animals , be they the much - loved pooch or moggy , were legally regarded as property - the same as a toaster , sofa or TV . It didn't matter if it was a cute Cavoodle , loyal Labrador , highly trained Kelpie or Collie , yappy Pekingese or cuddly cat , the law said when separating couples couldn't agree who keeps the family pet , it was usually the person who had bought it , paid its vet bills and registered it who walked away with the pet . Emotional attachment to the pet wasn't a legal factor in family law - but that has now changed . Family lawyer Anneka Frayne at Stacks Law Firm said under the Family Law Amendment Act 2024 , which came into effect across Australia on June 10 , pets are no longer legally considered as property , but as companion animals . It's not just who paid for it , but other factors must now be taken into consideration , such as who walks the dog , feeds it , takes it to the vet , pays medical expenses and also the attachment between animal and human . The court must also consider what is best for the pet . If separating couples cannot agree , they can apply to the family law courts to make an order about the fate of family pets . " Family law courts now have to consider the attachment of each party , or children , to the animal , " Ms Frayne said . " The amendment also includes a significant change for victims of family violence , such as whether a person has inflicted cruelty , or made threats regarding the animal as part of domestic violence in an effort to control their partner and children . Studies have found 70 per cent of women fleeing domestic violence also report pet abuse . Their concern for the fate of the pet dog or cat prevents many women from leaving abusive partners . " Disputes about pets in family law mostly centre on dogs , as humans and dogs can have strong emotional attachments . The new law will make sure these connections are more closely examined in determining pet custody . " The amendment also says the economic effect of family violence will also have to be considered when deciding on property and finances after separation . It could include assessing each party's contribution to the property pool when a partner was not allowed to work , or the future cost of counselling or rehabilitation . " STACKS LAW FIRM Tim Stack Commercial Lawyer 02 6592 6592 taree.stacklaw.com.au Partners in life