If breakups or divorces are usually a difficult process, it is even worse if there are pets involved. Who should keep the pets in these cases? Until now, the Spanish Civil Code had treated them as mere objects, so the member who accredited the legal ownership of the animal was the one who kept it, and in case of having been adopted or bought by both, it is when he would have to mediate the judge.
But all this could change, since a Law Proposal has been launched in Spain that aims to change the way in which animals are treated in the judicial process in cases of inheritance, divorce and seizure, going from being considered objects – that could be confiscated in case of embargo or eviction–, to be recognized as living beings endowed with sensitivity.
When the rule is approved, the judge must determine who will be the guardian and custody of the animal or if it is shared, all taking into account animal welfare
The purpose of this proposal is to modify articles 90, 91, 94 and 103 of the Civil Code, which are the ones that indicate how the regulatory judicial agreement should be in cases of separation, divorce or annulment, and which will force the judge to set detail the fate of family pets, which may fall into the care and custody of one of the members of the couple or be shared, which involves a distribution in the care and coexistence of the animal.
Pet, one of the family
With this, a series of rights will be granted to pets that will make them be like one of the family, since the owners will have a series of obligations that they must fulfill, such as attending to their well-being, avoiding abandonment, mistreatment or a cruel death. and unnecessary.
As in cases where the couple has minor children, when this rule comes into force, animal welfare and interest will prevail over other factors, something that the judge mediating in the process will take care of of separation or divorce.
The reform was promoted by the PSOE with the full support of the Chamber, except for Vox. In fact, this proposal is not new, but rather includes an initiative approved in 2017 that was proposed by the PP, which could not be completed when the Parliament was dissolved in 2019. Now it has been resumed, which is a big step for human rights animals that are already implanted in other countries such as Germany, Portugal, France or Austria.
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