The Provincial Court of Pontevedra has confirmed a first instance ruling from Vigo that includes a pension of 40 euros per month for the expenses of a pet after a divorce.
The ruling, which the Superior Court of Xustiza of Galicia has provided to EFE, indicates that the dog that had the extinct marriage will be left in the care of the woman, that both will half pay the extraordinary and veterinary expenses and that the man will give it a pension of 40 euros per month, updateable annually in accordance with the CPI.
That is one of the conditions of the sentence, which includes a system of parental authority and shared custody with weekly exchanges of the children and a monthly alimony paid by the father for the minors of 150 euros (75 per child).
The extraordinary expenses of the little ones, as in the case of the pet, will be paid in half by both parents with prior agreement, as well as the ordinary expenses for each beginning of the school year for books, school supplies and uniforms.
Since the reform of the Civil Code approved in December 2021, as a result of the Animal Welfare Law, in Spain animals are considered sentient beings. And that affects, for example, divorce proceedings. The law facilitates shared custody, contemplated in the regulatory agreement. The priority is mutual agreement, although if this does not occur, the judge will make the decision.
Before the entry into force of Law 17/2021 modifying the Civil Code, dogs, cats, birds, turtles and other pets were considered a thing or a valuable thing, so in the event of separation or divorce one of the parties could appropriate that object.
Thus, for example, in the case of a separation of property, the person who owned the pet could obtain full custody of it after the divorce or separation – as long as the animal had become part of the family during the marriage. , since it entered the process of liquidating assets, giving it an economic value.
Joint custody of a pet could be reflected in a divorce agreement, but it was a consideration without legal value. It is from the new law that the regulatory agreement can establish shared custody of pets, in terms of the distribution of time or expenses incurred for their care. Once the regulatory agreement is drafted, it will be presented to the court to be ratified and approved.
The economic perspective prior to the reform is left aside to give priority to the ethical and moral point of view. Pets are considered members of the family and, as is the case with minor children, a legal regime is established to regulate the relationship with the animal after the breakup.
The regulation approved in 2021 of the Civil Code only applies to married couples. In the case of common-law couples who do not reach an agreement regarding the custody of the animal, the judicial process is complicated because there is no applicable legislation.
If a separation or divorce agreement is not reached and the matter goes to trial, the court will take into account the well-being of the pet. A lawsuit will have to be filed in court to request regulation of their custody. The judge may establish a visitation regime or shared custody.
