WHAT HAPPENS TO PETS
IN CASE OF DIVORCE?
Sovint we get inquiries related to the custody of pets in the event of a couple crisis and the truth is that currently, there is no regulation that establishes what to do with the family pet when a couple divorces.
However, it is becoming increasingly common for pet custody to be part of the subject of discussion in a marital or break-up process. As always, the preferred formula is the agreement between the "parents", but in the absence of this, there are already precedents in which the judge has ended up ruling on how to resolve the conflict. It is thus necessary to agree on shared or exclusive custody with visits and also distribute the burdens that the animal generates and distribution of care, taking into account the interests of the animal itself and family members (especially emotional ties with minor children). All of us who have pets know that they are actually one more member of the family.
If until recently it seemed a completely foreign issue to marriage processes, the growing social sensitivity on the subject has reached the Congress of Deputies where a bill to reform the Civil Code is being processed to regulate the custody of pets in case of separation, annulment or divorce.
In case of a couple crisis, we must also count on the "hairy ones".
Sílvia Pinilla
Advocada
Responsable Departament Dret de Família
d'Alonso-Cuevillas Advocats i Economistes