Pet Custody & High-Value Animals in Property Settlements
In high net worth family law disputes, the question of “who keeps the dog?” can involve assets worth millions. From elite show dogs to racehorses and specialist livestock, these matters move well beyond companion animals and into the realm of significant property interests.
When Did the Law Recognise Pets in Property Settlements?
Animals have always been treated as “property” under the Family Law Act 1975 (Cth) (the Act), forming part of the asset pool when the Court exercises its powers under s 79 (marriages) and s 90SM (de facto relationships). Until 10 June 2025, however, the Act made no distinction between pets and other personal property. This changed with the Family Law Amendment Act 2024, which introduced the concept of “companion animals” and added specific provisions within ss 79 and 90SM.
What is a Companion Animal Under the Family Law Act?
A companion animal is defined under s4(1) of the Act as a pet kept primarily for companionship. The definition is deliberately narrow and excludes animals used for other purposes, including:
assistance animals
animals kept in a business or for income
agricultural animals
animals used for scientific or laboratory purposes
This distinction determines which legal framework applies.
How the Court Deals with Companion Animals
For animals that meet the definition, the Court’s powers are limited under s 79(6) and s 90SM(6) to:
awarding ownership to one party
transferring ownership to another person
ordering sale
In making a determination, the Court must consider the factors in s 79(7) and s 90SM(7), including care, attachment, and any history of violence or cruelty. Shared care orders are not available.
Show Dogs, Racehorses and High-Value Animals in Property Settlements
This is where ultra wealthy matters differ. The following will almost never qualify as “companion animals”:
Elite show dogs with international titles and lucrative stud income
Racehorses with prize money, breeding rights and syndicate structures
Specialist livestock or exotic animals held for commercial or prestige purposes
These animals are typically part of a business, breeding program, or investment strategy, and are used to generate income or commercial value. As a result, they fall outside the definition in s 4(1).
How These Animals Are Treated Instead
High value animals are dealt with under the general property provisions of the Act. The Court applies the usual four step process under s 79 or s 90SM:
identify and value the asset within the property pool (often with expert evidence)
assess financial and non‑financial contributions
consider future needs
determine a just and equitable outcome
The focus is on economic value, control and contribution, rather than emotional attachment.
Practical Implications for High Net Worth Matters
The distinction has real consequences. A family pet may engage the considerations in s 79(7) or s 90SM(7), while a multi‑million‑dollar racehorse will be treated like an investment asset.
Some animals, particularly champion breeding dogs, may fall into a grey area where both emotional and commercial factors are relevant, making classification a key strategic issue. In complex matters, disputes may also extend to trusts, syndicates, intellectual property (such as bloodlines), and future income streams.
Pet Custody vs Classification: the Real Issue
The 2025 reforms recognise that pets are not simply another item of property. However, in ultra wealthy matters, many animals remain properly characterised as commercial assets rather than companions. The real issue is not “custody”, but classification, because that determines whether the Court focuses on emotional connection or economic value.
If these issues resonate with your situation, we invite you to contact Dorter Family Lawyers and Mediators for more.
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Yes. Pets have always formed part of the asset pool under the Family Law Act 1975. Since 10 June 2025, animals kept for companionship are treated under specific "companion animal" provisions (ss 79 and 90SM), but they remain property, not children.
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No. The Court cannot make shared-care or joint-custody orders for a pet. It can only award ownership to one party, transfer ownership to another person, or order the animal be sold.
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A pet kept primarily for companionship (s 4(1)). It excludes assistance animals, animals kept for business or income, agricultural animals, and animals used for scientific purposes.
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High-value animals with stud income, prize money or breeding rights are usually not "companion animals". They are valued and divided as commercial assets under the standard four-step property process, focusing on economic value and contribution rather than emotional attachment.
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Contact Dorter Family Lawyers & Mediators for confidential advice tailored to your circumstances.
Prepared by Sophie Smith at Dorter Family Lawyers & Mediators. This article provides general information only and does not constitute legal advice.