Shared custody of pets. What does the law say?

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Today we talk about a topic that I’m passionate about as an expert in family law and as an animal lover: shared custody of pets in case of divorce or separation.

What does the law say about shared custody of pets?

Let’s start by mentioning the law in this case to later break down this information.

Can you imagine having to separate from your loyal friend? The idea is heartbreaking for many of us. Our pets become unconditional family members, filling our lives with love, companionship, and unforgettable moments. However, the reality is that thousands of animals are affected by the breakup of their human families.

And in this situation, the question arises: what does the law say about pet custody? The law protects your loyal friend.

Fortunately, Law 7/2023 on the protection of the rights and welfare of animals has marked a before and after in this area.

This law recognizes animals as sentient beings with the right to dignified treatment and a dignified life. In this sense, shared custody of pets has become an increasingly viable option to ensure the well-being of our furry companions.

Real case of shared custody of pets.

In the complex process of divorce, multiple dilemmas and difficult decisions arise.

Among them, one that deeply affects animal lovers: What will happen to my pet? The idea of separating from a being that has been part of the family for years is heartbreaking for many.

A recent case from the Provincial Court of Pontevedra (SAP 526/2023) has illustrated this reality clearly. In this case, the judgment confirmed the decision of a court of first instance in Vigo and established a pension of €40 for the maintenance of the family pet in a divorce.

The judgment, which has generated great interest, has highlighted the importance of considering pets as part of the family nucleus and protecting their rights in case of separation or divorce.

The News we’re talking about is this https://www.iberley.es/noticias/-sentencia-divorcio-reconoce-pension-favor-mascota.

Yesterday we commented on the news on our Instagram account where we keep you up to date on all current legal news.

Shared custody and animal welfare.

Teresa Toscano, expert family law attorney at ToscanoLex, analyzes the recent judgment of the Provincial Court of Pontevedra (SAP 526/2023) that confirms the decision of a court of first instance in Vigo and establishes a pension of €40 for the maintenance of the family pet in a divorce case.

The judgment, which has generated great interest as one of the first to apply Law 7/2023 on the protection of the rights and welfare of animals, establishes shared custody of two minor children and an alimony of €150 for the mother. In addition, specific measures are established for the couple’s pet:

Custody and expenses of the pet: The woman will be responsible for the care of the animal. Extraordinary and veterinary expenses will be shared equally between both spouses.
Pension for the maintenance of the pet: The ex-husband must pay a monthly pension of €40 for the maintenance of the pet.
Payment will be made in the first five days of each month.
The amount will be subject to annual adjustment according to the IPC.