Until recently, pets were considered movable property under the Spanish Civil Code. However, Law 17/2021, of 15 December, has modified this consideration, recognising pets as ‘living beings endowed with sentience’, going from being considered as ‘things’ to being a member of the family. For this reason, they are now another figure to be taken into account in the event of divorce, as the legislation contemplates the mechanisms for finding out who gets to keep the animal or what is the most appropriate visiting regime.
Agreement between the parties
The first step in managing pet custody is for both parties to reach an agreement. As with child custody, an agreement can be drawn up to determine who will take care of the animal, the periods of time spent with each party and the costs associated with its care.
This agreement may include specific details about visitation, feeding, veterinary care and other aspects essential to the welfare of the pet.
Shared custody of the pet
As with child custody, in some cases joint custody of the pet may be established. This legal remedy means that both ex-spouses will share the time spent caring for the animal equally. Obviously, there will be a specific timetable that will structure everything.
Expenses and maintenance
Regardless of who gets custody, it is common for both ex-spouses to share expenses related to the care of the pet, which may include food, veterinary care, insurance and any other costs necessary for the welfare of the animal. The agreement or court decision will detail how these costs will be shared to avoid future disputes.
In case of disagreement between the sides
If no agreement is reached, the judge will decide on the custody of the pet. The judge will evaluate the case considering the interest and welfare of the animal, as well as the circumstances of each party involved. According to Law 17/2021, consideration must be given to who can offer the best conditions for the care of the animal, including factors such as available time, financial resources and the ability to provide a suitable environment. It is also assessed who exactly owns the animal.
Do you need legal defence for the custody of your pet?
As pet custody has become another vitally important issue in separation and divorce proceedings, it is best to have good legal advice to help you defend your interests and at Bufete Lexnova we can provide you with the advice you need, so do not hesitate and contact our expert family law lawyers.