In brief
Brazil's new law facilitates shared custody of pets for separating couples, responding to societal changes and the increasing number of pet custody disputes. The legislation enables judges to decide custody arrangements based on the pet's life spent with the couple, fostering a transition from viewing pets as property to recognizing their emotional significance.
Courts in Brazil will now be able to determine shared custody arrangements for pets of separating couples under new legislation. Brazilian lawmakers hope that this law reflects the growing importance pet ownership has in people’s lives.
The law stipulates that if a couple splits without an agreement on the custody of their pet, a judge will intervene to establish a shared custody arrangement and classify how maintenance expenses will be divided. This law comes at a time when Brazil, home to 213 million people, counts approximately 160 million pets according to Instituto Pet Brasil.
For the custody law to apply, the animal must have spent the majority of its life with the couple, safeguarding the interests of pets that are considered part of the family. However, shared custody will be denied to parties with a history of criminal behavior or domestic violence, ensuring the safety of the animal.
Members of Congress noted a marked increase in disputes related to pet custody, indicating a shift in societal values wherein less emphasis is placed on traditional families with children, and more on relationships with pets, seen as true family members.
This move in Brazil follows a trend observed in other countries; for example, in the UK, pets are regarded as inanimate property, complicating custody disputes. Conversely, in 2014, France recognized pets as living beings, allowing for shared custody in divorce cases. In Australia, there are currently no estableished laws governing pet custody post-separation.
A recent notable instance occurred in Spain, where a couple was granted joint custody of their dog, emphasizing the shared responsibility of the parties involved.
