With the entry into force of Law No. 8/2017 regarding the legal status of animals, the law established that the well-being of the animal is one of the factors to be considered when deciding its post-divorce fate. It states that "pets are entrusted to one or both spouses, considering, in particular, the interests of each spouse and the couple's children, as well as the well-being of the animal."
The law now acknowledges that animals, like children and adults, feel the pain and anguish of being separated from their owners. Therefore, it is necessary to regulate their fate to minimize their suffering and that of their owners.
Pets owned by each spouse at the time of the marriage are now considered separate property under the general community property regime.
It is now imperative, if there are animals involved, to draft an "Agreement on the fate of the pets," which must be included in the mandatory documents accompanying the request to the Civil Registry when filing for divorce by mutual consent. This is similar to the agreement on parental responsibilities and the family residence, determining to whom the animal will be entrusted based on the interests of the spouses and children, as well as the animal's well-being.
In cases of divorce proceedings without the consent of one of the spouses, taking place in the courts, the pets are entrusted to one or both spouses, considering the interests of each spouse, the couple’s children, and the animal's well-being.
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