Reprinted from ENCA – 2022-01-05
MADRID – In the case of a divorce, who keeps the family cat or dog? Spain has ruled that, as with children, parents should in some cases share custody.
A new law that came into effect on Wednesday recognises pets as “living, sentient beings” for the first time, and not mere objects.
As a result, family courts must consider both the animal’s welfare, as well as the family needs, when deciding who looks after the dog, cat, goldfish, turtle or bird.
Spain is the latest European country to recognise animals as sentient beings, joining a group that includes France, Germany, Switzerland, Austria and Portugal.
The legislation, which was drafted by the ruling Socialists and their leftist coalition partners Podemos, aims to end the legal wrangling that often erupts among estranged couples over who keeps the pets.
It stipulates that owners must “guarantee” the pet’s well-being and that if either spouse has a history of cruelty to animals he or she may be refused or lose custody of the animal.
The law, which amends Spain’s civil code, also requires courts to consider the animal’s welfare when settling disputes over who inherits a pet.
We can help
Cape Town Attorneys, Simon Dippenaar & Associates Inc. (SD Law) we are passionate about the law. Based in the heart of Cape Town, our family lawyers and divorce attorneys offer expert legal advice with complete client confidentiality. Our expertise encompasses family and divorce law, and a comprehensive range of legal services. Contact us on +27 86 099 5146 or email sdippenaar@sdlaw.co.za with any questions about divorce, or how to resolve the sharing of your dog after divorce.
Further reading:
- Rise of the pet-nup: I’m taking the dog!
- Choosing the right divorce lawyer or family attorney in South Africa
- Wife getting divorced wants R5600 extra maintenance for dogs
Simon Dippenaar
Founder & Managing Partner, SD Law
Attorney Simon Dippenaar has a BBusSc LLB degree and Professional Diploma in Legal Practice from the University of Cape Town, and is an admitted attorney of the High Court of South Africa. He is the founder and director of private legal practice, Simon Dippenaar & Associates, with offices in Cape Town and Gauteng representing South African and international clients.
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