Brazilian courts will soon be empowered to decide on shared custody arrangements for pets after couples separate, as per new legislation enacted by lawmakers. This shift reflects a growing recognition of the importance people place on their pets as integral members of the family.
The new law allows judges to determine custody arrangements and equally distribute maintenance costs for pets if separating couples cannot agree. Considering Brazil's vast population of more than 213 million, which includes approximately 160 million pets, this law underscores the societal changes regarding pet ownership.
For the law's application to be valid, the pet must have spent the majority of its life with the couple. However, shared custody will be denied in cases involving prior criminal records or documented domestic violence.
Members of the Brazilian Congress stated the law responds to an observed increase in disputes over pet custody in courts and reflects transformations in family structures, where pets are often viewed as family members rather than possessions.
Contrasting the UK's current stance, where dogs and pets are regarded as property akin to cars or houses, this legislation marks a significant turn in how animals are perceived in familial contexts. In 2014, France amended its laws to classify pets as 'living and feeling beings', allowing shared custody arrangements during divorces. Meanwhile, Australia currently lacks formal legislation guiding custody discussions for pets post-separation.
The most recent example of joint pet custody was recorded in Spain in 2021, where a couple was granted shared responsibility for their dog.
