Nowadays, it is very common to see separated or divorced couples, many of them with pets in common. The latest reform of the Spanish Civil Code offers the possibility of “shared custody”, as long as the objective is that the animal is in the best possible conditions.
In recent times, there has been a significant increase in the number of pets in Spain. There is much more awareness and interest in their rights and needs, and, for this reason, the new reform has been very well received by animal lovers.
Who gets the dog?
In case a couple wants to separate or divorce, they must detail in the regulatory agreement what will happen with the dog. Two factors must be taken into account when making the decision: the interest of all family members and the welfare of the animal.
If the ex-partner does not reach an agreement, a judge will be in charge of making the final decision. What is recommended is to reach a voluntary agreement, in order to avoid legal issues that will probably not end well.
Resorting to mediation
In case of disagreement, mediation is a good way to reach an agreement on the shared custody of our dog.
Mediators help couples who find it difficult to reach an agreement to share custody of their pet. Thanks to this person, they will be able to negotiate in a simpler way and be able to sign an agreement that is beneficial for both.
In this mediation, we will discuss the issues that we consider important about the welfare of the animal:
● The time you will spend with each other.
● Where you will meet after the assigned period of cohabitation to return or pick up the dog.
● The division of vacations.
● How to act in case the dog gets sick.
● How to divide the economic expenses derived from its care: veterinarians, food, cleaning….
This agreement is personalized and of obligatory compliance, so it can be presented before a judge as a regulatory agreement for the shared custody of the animal. If the judge considers that any aspect of the agreement is detrimental to the dog, he/she may demand that it be modified.
It should be noted that mediation cannot be used to negotiate the shared custody of pets in case of gender violence between the ex-partner.
What should we know if we share custody of our dog?
It is important for us to keep in mind that, nowadays, the property registry does not carry as much weight as it did years ago. This means that, if the shared custody of our dog is in the hands of a judge, the judge must look after the interest of all the members of the family, including the animal, regardless of who is the owner in the animal identification registry. With this, we managed to eliminate the abuse that many people exercised on their ex-partners. Since in the administrative pet registry there can only be one owner, the other person of the couple, when separating or divorcing and not appearing as the owner, had many more difficulties to see and share the animal. From now on, with this article, this can no longer happen, because it will not matter who appears as owner in the registry, since the judge will be in charge of determining the shared custody.
In the case of unmarried couples, what happens with pets?
The reform of the Civil Code only applies to married couples, therefore, in case of breakup, common-law couples have more complications to manage the shared custody of their pet. However, there is a possibility that the courts will apply the same principles as in the case of married couples.
Domestic partners can sign a co-ownership contract that facilitates shared custody of the animal in the event of a breakup. And, if there is disagreement, they could resort to mediation, in order to avoid going to court.
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