Courts in Brazil will now have the authority to establish shared custody arrangements for the pets of separating couples following the passage of a new law. This legislative move highlights the growing importance that many individuals place on their pets, viewing them as integral members of the family.
The new law stipulates that in cases where couples do not reach an agreement regarding the custody of their pet, a judge will then step in to determine a shared custody arrangement. This includes the equitable distribution of the pet's maintenance expenses between the parties involved.
As of now, Brazil, home to around 213 million people, has an estimated 160 million pets according to Instituto Pet Brasil, indicating the significant presence of animals within Brazilian households.
For the new law to be applicable, the pet must have spent the majority of its life with the couple. Notably, shared custody will not be granted to individuals with prior criminal records or histories that indicate a risk of domestic violence.
Brazilian lawmakers noted a rise in disputes over pet custody in the courts, and pointed out that the law reflects significant changes in Brazilian society in recent years. There has been a noticeable trend of couples having fewer children, leading to more profound emotional bonds with their pets, which are often regarded as family members.
Contrastingly, pets in the UK are legally treated as inanimate objects, similar to possessions such as cars or houses, which limits custody disputes to ownership claims. In 2014, France adapted its legislation to classify pets as living and feeling beings, allowing couples to contend for shared custody in divorce settlements. Meanwhile, Australia currently lacks established guidelines addressing living arrangements for pets post-separation.
A prominent example of shared pet custody occurred in Spain in 2021, when a court ordered joint custody of a dog named Panda, affirming that both parties were co-caretakers responsible for its well-being.
