Can a pet be considered a “child” in a separation? The answer is yes. When a couple separates, they must discuss who will take care of the pet and how the other person will contribute to the pet’s expenses.
Animals are sentient beings, as established in our regulations. What does this mean? It means we must consider them as parties in a separation or divorce proceeding.
Many clients ask me: Does the location where I file for divorce affect who gets more or fewer rights to the pet? The answer is no. However, it’s important to know that in some places, the law specifies what happens to pets during a divorce, while in others it does not.
In this regard, for example, if I file for separation or divorce in Madrid, the provisions of the Civil Code will apply to me. These regulations do provide (Art. 90.1 b) bis) of the Civil Code) that the parties , in the settlement agreement, may determine, among other matters, the custody of the pet, the schedule for spending time with it, the contribution toward the costs of its care, etc.
In the event that the separation or divorce is processed in Catalonia, we must bear in mind that Catalan law does not contain a provision similar to the one mentioned above. Given this situation, how do judges in Catalonia handle this issue? They apply the aforementioned regulations by way of supplement and rule on the custody of pets in separation or divorce proceedings.
Therefore, judges—regardless of where they are located—apply the same criteria as all other judges throughout Spain. In this regard, they will always prioritize the animal’s welfare.
While it is true that, in a separation or divorce proceeding, an agreement between the parties is the first priority, if no agreement can be reached, then the judge will decide on custody, visitation, the division of financial responsibilities, etc., regarding that pet. Progress is being made little by little to provide greater protection for pets in cases of family crises. Let’s hope that more progress will be made over time.
Anna Nicolàs Torán
Lawyer Specializing in Family Law
MC Attorneys
