New law makes pets full-fledged family members

A few years ago, Spain introduced laws that mean animals are no longer treated as objects. This means, among other things, that pets are now legally considered sentient beings with needs, emotions, and a place in the family.

The change in the law has affected how courts handle everything from divorces to debt disputes and came after animal organizations had pushed for years to update the Spanish civil code, which had treated animals in the same way as objects.

Even though other laws in Spain already recognized animals as sentient, the civil code was lagging behind. When the Congress finally approved the reform in December 2021, and it came into effect in early 2022, the country’s legal system was more in line with how people actually treat their animals.

Spain has a high rate of pet ownership, and around 30,000 married couples with pets divorce each year. Until the new law came into force, only the registered owner had the upper hand in custody disputes. Now, judges must consider what is best for the animal.

Under the new rules, pets are treated as seriously as other family members when couples go their separate ways. Judges must consider things like living situation, financial stability, daily routine, and the presence of children. As children often have a strong bond with pets, the courts can lean towards the partner who has primary custody of the children.

Joint custody

The law also prevents couples from selling the pet during a divorce unless both parties agree. Joint custody can be denied when there is evidence of domestic violence, animal abuse, or threats to the pet.

In one case, a judge in Madrid granted joint custody of a dog to an unmarried couple who had separated. The dog now spends one month with each person, and both are legally responsible for its care.

Another major update is that animals are no longer to be treated as assets. Pets and farm animals can no longer be seized to cover unpaid debts.