"Pets are Legal Family Members Too": Spain Allows Pet Custody to Couples Getting a Divorce

Spain now considers pets to be family members and will consider a pet's welfare when couples divorce or break up. This legal shift strengthens the case for couples who want to obtain shared custody of their animals. The decision follows similar moves in France and Portugal and asks judges to consider pets as living beings rather than objects owned by one of the partners, a trend that was already underway before the law was passed.

In October last year, a Madrid judge gave joint custody of a dog to an unmarried couple who sought a court ruling on whom the pet should stay with after they separated. The dog spends a month with each of them and they are both legally responsible for his well being.

Lola Garcia—whose Rights&Animals firm handled the case—considers the reform a major first step in a series of forthcoming legal changes governing people's relationship with animals.

"Animals are part of the family and when a family decides to separate, the fate of the animal must be regulated with the same importance as the fate of other family members," said the lawyer in an interview. 

Pet ownership numbers are high in Spain and the government plans on further legislation to strengthen animal rights, including a ban on wild animals in circuses and stopping the sale of pets in shops. These welcome moves can serve as a precedent and perhaps we will see other countries across the globe follow Spain’s example when it comes to the legal rights of animals and pets.