Seven out of ten marriages end in Spain. This places us among the ten European countries with the highest divorce rates. The Family Policy Institute (IPF) states that since 1981, when the divorce law was passed, nearly three million marital breakups have been recorded, and separated or divorced people now account for 6% of Spain's adult population.
The breakup of a marriage affects not only the couple, but also any children they may have. And, logically, their ARISTOPETS too. Almost half of Spanish households (49.3%) have a pet. It is therefore inevitable to ask, "What is done in these cases?" and "Who keeps the ARISTOPET?" This is undoubtedly an extremely delicate situation, which we will attempt to address in this article.
If one of the two members brought the pet into the relationship, the solution is clear. The other member has no decision-making rights regarding the animal after the divorce or separation.
But if the pet joined the household by mutual agreement, ideally, of course, they should also reach an amicable agreement to determine custody. For the pet's sake (let's not forget that they are extremely sensitive and that a traumatic breakup can cause them stress, among other problems), but also for their own. This not only avoids the costs arising from a trial, but also the stress and worry involved in these proceedings.
When no agreement is reached, there is no alternative but to go to court and take legal action. The first thing to bear in mind is that the Civil Code, as stated in Article 333, considers that pets are movable property. Therefore, either member of the couple may claim ownership of them, or they may be jointly owned by both.
In this regard, the best option for both parties, if there is no amicable agreement, is shared custody, so the ARISTODOG or ARISTOCAT can continue living with both of them. This arrangement will establish the pet's visitation schedule and how it will be cared for going forward. For example, if one partner can devote more time to caring for the pet, it can live in their home, while the former partner will be allowed to visit the dog or cat and take it with them for special periods, such as holidays.
However, in the case of ARISTOCATS, if shared custody involves moving the animal from one home to another, care must be taken. This is because it can be a major source of stress for the animal, as cats are territorial animals and highly sensitive to environmental changes.
Another way to resolve the situation, which is more difficult for one of the former spouses to cope with, is for the pet to become the sole property of one party, that is, sole custody. In this case, the party awarded custody could compensate their former partner for the loss of custody and enjoyment rights over the animal.
If there are children involved, the situation changes because the relationship between children and pets tends to create very strong bonds, and the breakup can be traumatic. Therefore, children are most likely not to want to be separated from their dog or cat. In this situation, it is advisable for the pet to stay with them. In fact, case law recommends not separating minors from their pets in cases of divorce or parental separation.
Of course, we insist that the best thing to do in these cases is to talk things through rather than take a confrontational approach, and to think about the well-being of all family members.