“The court must take into account both the welfare of the animal and the needs of the family, judging who will take care of any pet.”
The Spanish authorities will henceforth take into account the well-being of a pet in the event of a couple getting divorced or divorced, following a change in the legal framework that reinforces the argument of couples seeking joint custody of their animals.
The law, which came into force after similar moves in France and Portugal, obliges judges to consider pets as sentient beings and not as objects belonging to one or the other partner.
“Animals are part of the family and when she decides to divorce, their fate must be determined with the same importance as for any other member of the family,” said lawyer Lola Garcia.
The court must therefore take into account both the welfare of the animal and the needs of the family, judging who will take care of any pet.
This trend already existed before the adoption of the relevant legislation. In October, a judge in Madrid gave joint custody of the dog to an unmarried divorced couple, who appealed to the court to decide with whom the pet should stay. The animal spends a month with each of them while both are legally responsible for the pet.
The reform that came into force is an important step in a series of upcoming legal changes that regulate human-animal relations, the lawyer commented.
Pet ownership is high in Spain and the government is planning further legislative initiatives to protect animal rights, including banning wild animals in circuses and stopping the sale of pets in shops. At the same time, however, the country remains divided over the tradition of bullfighting, an issue that is considered unlikely to be resolved in the near future.
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