On 22 August 2024, Australia's Federal Government introduced the Family Law Amendment Bill 2024 (Bill) into Parliament. This followed the circulation of an exposure draft of the Family Law Amendment Bill (No. 2) 2023 in late 2023, when the government sought feedback on the proposed amendments from family law stakeholders.
The Bill extends the reforms to Australia's family law system that were passed in 2023. Whereas the 2023 reforms focused principally on parenting matters, several of the key amendments of this Bill relate to the resolution of property matters.
One significant change is the recognition of pets (defined by the Bill as "companion animals") as a unique type of property, acknowledging the important relationship between many Australians and their pets. The Bill proposes to include a definition of "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."
The term "companionship" is not defined but is to be given its ordinary meaning, as opposed to working pets such as cattle dogs and the like.
At present, there is no reference to pets or companion animals in the Family Law Act and no guidance is provided about how the ownership of pets is to be addressed upon the breakdown of a relationship. Although there have been several cases where the court has been required to consider who should keep a much-loved pet after a separation, generally, courts have focused on factors such as who paid for the pet initially, who met ongoing expenses such as vet bills, and who cared for the pet on a day-to-day basis.
The Bill proposes to introduce a list of specific factors which, if relevant, are to be considered when the courts determine the ownership of a pet as part of a property settlement. These include:
- the circumstances in which the pet was acquired
- who has ownership or possession of the pet
- the extent to which each party cared for, and paid for the maintenance of, the pet
- any history of family violence during the relationship
- the extent to which each party has cared for the pet
- any history of cruelty to the pet by a party
- the attachment of a party or a child with the pet
- the demonstrated ability of each party to care for and maintain the pet in the future.
If the Bill is passed, the courts will only be able to make an order that one party owns the companion animal, or an order that the companion animal be sold. Notably, the courts will not have power to make orders for joint ownership or shared possession of a companion animal.
These amendments are designed to acknowledge the special place of family pets as members of many Australian families, as well as recognising that, in some instances, a threat to remove or harm a beloved pet can constitute family violence. The Bill is currently before the Senate and is being debated.
If passed, the amendments will give the courts more guidance as to where pets will live after separation if the parties cannot reach an agreement themselves.
For guidance in relation to your separation or property settlement, please contact a member of our family and relationship law team.
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