Shared custody of pets is now law in Brazil

Rio de Janeiro.- Brazil now has a law regulating the shared custody of pets in cases of divorce or dissolution of a stable union, in order to guarantee the well-being of the animals and to organize the division of responsibilities between former partners.

The rule, published this Friday in the Official Journal, will only apply to pets that have been acquired or adopted during the couple's cohabitation. According to the law, a pet that has lived primarily during the marriage or civil union is considered shared property. However, joint custody will be denied "if the judge detects a history or risk of domestic or family violence, or any case of animal abuse". In such cases, the aggressor will definitively lose possession and ownership of the pet, without the right to compensation, and will have to answer for outstanding debts. The law also establishes that, in the event of disagreement between the couple, the judge will decide in an "equitable" manner who gets the animal and how the expenses for its maintenance will be distributed. It is also stated that the pet's food and hygiene costs will be borne by whoever has the animal at that time, while extraordinary expenses, such as medication and veterinary consultations, will be divided equally.

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Furthermore, the law stipulates that whoever voluntarily renounces joint custody will lose possession and ownership of the pet without compensation, which will also occur if either party "repeatedly and unjustifiably" breaches the agreed terms. The approval of this legislation responds to a growing number of judicial disputes in Brazil over pets in separations, which until now were resolved at the discretion of judges.