Thankfully, that’s about to change. Recognising this as a growing issue, federal Attorney-General Mark Dreyfus introduced proposed legislative changes earlier this year that could resolve such disputes in a fairer manner – for woman, man and beast. In November, the bill was passed, with the laws set to come into effect in May 2025.
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Although the majority of the changes in the Family Law Amendment Bill 2024 are, rightly, focused on human victims of family violence, there are now also key sections that will improve how courts resolve fights over Fido and Fifi.
While laws in North American and European countries already recognise that pets are not property, the changes put forward by the federal government here are yet to go that far.
However, they do mean that our courts will be better able to consider the nuances that make caring for a pet different to owning a house, a car or sharing an investment portfolio, for example. At the very least, the changes are a step forward that recognises these animals as living things with emotions that deserve more than being handed off to one person or another.
Such nuances include looking at which partner has predominantly cared for the pet throughout its life, has provided and paid for its upkeep, and has the ability to care for it in future. Importantly, courts may also consider any history of family violence in the relationship.
The Christmas and New Year period has always been a busy time for family lawyers. The end of the working year, combined with the festive season, summer holidays and family time, can be a testing time for partnerships. That’s before resolutions are added to the mix.
We might not be able to avoid the end of a relationship. But, at the very least, these reforms will mean that if and when that day comes, the beloved family pet won’t be a source of ammunition.
Jane Libbis is a founding partner and lawyer at Umbrella Family Law.
