Courts in Brazil will be able to determine shared custody arrangements for the pets of separating couples, under new laws.
Lawmakers in the Brazilian Congress viewed the law change as a reflection on the importance people place on their pets.
The legislation means that if a couple separates without reaching an agreement regarding their pet, a judge will determine the shared custody arrangement and the equitable distribution of the animal's maintenance expenses between the parties.
Currently, the country of 213 million people has about 160 million pets, according to the Instituto Pet Brasil.
For the law to apply to separating couples, the animal must have spent the majority of its life with the pair.
Shared custody will not be granted in cases of prior criminal records or a history or risk of domestic violence.
Members of the congress stated there had been an increase in pet custody disputes in courts, indicating the law responds to changes that have occurred in Brazilian society in recent decades.\r
The statement emphasized that couples with fewer children tend to have closer relationships with their animals, which are often considered true family members.
Currently in the UK, dogs are legally seen as inanimate objects akin to cars, houses, or other personal items, meaning custody cases revolve around determining who the sole owner is.
In 2014, France changed its law to classify pets as living and feeling beings instead of moveable goods, enabling shared custody in divorce cases.
Australia currently has no legislation on how courts should arrange living arrangements for pets after a breakup.
The most recent case of a pet being granted joint custody was in Spain in 2021, where a judge awarded shared custody of a dog to a separated couple who sought legal intervention to decide where the pet should reside.
The Madrid court determined that both parties were jointly responsible and co-caretakers of the dog named Panda.
