Who keeps the cat or dog in case of separation or divorce? The Spanish Supreme Court has ruled that pets will be considered family members from January 5, 2022, and that in many cases spouses should share custody when they separate.
There was already little doubt among animal lovers, but pets are now officially considered family members in Spain.
A new law that took effect Wednesday, Jan. 5, for the first time recognizes pets as "living, sentient beings" rather than mere objects.
As a result, family courts must consider both the welfare of the animal and the needs of the family when deciding who will care for the dog, cat, goldfish, turtle or bird.
Spain is the latest European country to recognize animals as sentient beings, joining a group that also includes France, Germany, Switzerland, Austria and Portugal.
The legislation, drafted by the ruling Socialists and their left-wing coalition partner Podemos, aims to end the legal battles that often erupt between feuding couples over who gets to keep the pets.
It provides that owners must "guarantee" the animal's welfare and that a spouse with a record of animal cruelty or gender-based violence against his or her former partner may be denied or lose custody of the animal.
The law, which amends the Spanish Civil Code, also requires courts to consider the animal's welfare when resolving disputes over who inherits a pet.
Whether it is a non-marital separation or a divorce, there may be a split custody situation. In this case, the courts must help determine the number of days for each spouse and their responsibilities.
In the event of the death of the owner, and if nothing is specified in a will with respect to pets, the pets shall pass to the heirs who claim them under the law.
If none of the heirs want to take care of the animal or if several heirs claim custody, a judge will have the final say and will also consider third parties interested in adopting the animal.
