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What Happens to Pets upon Separation?

Posted on : 13 June 2025 Article by : Emma Donald
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Emma Donald is an experienced Family Lawyer and Senior Associate at O'Shea Dyer Solicitors. Emma works exclusively in Family Law. 

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Changes to the Law

Up until the 11thof June 2025, the Family Law Act Cth (1975) and the Federal Circuit and Family Court of Australia regarded pets as ‘property’ and treated them in the same way as property.


Companion Animals

As of the 11thof June 2025, pets will be ‘Companion Animals’ and will be a specific category of property.


Pets and Family Violence

The Court understands that victims of family violence may not leave a relationship due to fear about pets, and who will keep the pet after separation.

One of the biggest changes is that the Court will consider (among other things) a history of family violence when considering who should retain the pet.


O'Shea Dyer Solicitors - Family Lawyers Townsville, Queensland and Interstate.

At O'Shea Dyer Solicitors we can assist you with all issues arising from your separation. Make an appointment to see our experienced family lawyers sooner rather than later and let us put your mind at ease. Take the first step towards feeling in control again. We would love to help you.

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