The welfare of pets will be taken into account in divorces in Spain

(Reuters) – Spain will consider the pet welfare when couples meet divorce or separate from this Wednesday. This is a legal change that strengthens the arguments for couples to obtain joint custody of their animals.

The decision follows other similar measures in France and Portugal and obliges the judges to consider companion animals as sentient beings, rather than objects owned by one or another member of the couple. Precisely, a trend that was already underway before the approval of the law.

“Animals are part of the family and when a family decides to separate, the fate of the animal must be regulated with the same importance as the fate of other family members,” said 42-year-old attorney Lola Garcia.

In October, a Madrid judge granted joint custody of a dog to a single couple who were seeking a court ruling on who the pet should stay with after their separation. The dog spends a month with each of them and they are both legally responsible.

García, whose law firm Rights & Animals handled the case, sees the reform as an important first step in a series of upcoming legal changes that will regulate people’s relationship with animals.

The keeping of pets in Spain is high among European countries. And the left-wing coalition government plans to expand legislation to strengthen animal rights, including banning wild animals in circuses and stopping the sale of pets in stores.

Yet the nation remains polarized around the tradition of bullfighting, a highly controversial animal rights issue that is unlikely to be resolved in the near future.

Before modification, an attorney seeking joint custody of a pet had to show that both members of a couple owned the animal as an object, giving an advantage to whoever had registered the pet.

Now, a judge has to determine where the animal will do best, and that decision is based on its welfare, Garcia explained.

The person who can demonstrate financial solvency or who has been granted custody of their children has a better chance of also obtaining custody of pets, since there is a special emotional bond between children and animals, he added.

Rodrigo Costavilas, 31, a psychologist who walks his dog through the Madrid Río park, applauded the new law.

“This will help reduce the number of abandoned or abused animals,” he said.