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 on Tuesday 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 said there had been an increase in pet custody disputes in courts, while noting the law responds to changes that have occurred in Brazilian society in recent decades, according to a statement accompanying the law.
The statement added that couples with fewer children tend to have closer relationships with their animals, often considered true family members.
There is a stark contrast with legislation in other countries; for instance, in the UK, dogs are legally seen as inanimate objects, similar to cars or houses, which limits custody cases to ownership determinations.
In contrast, France amended its laws in 2014 to recognize pets as living and feeling beings, facilitating shared custody disputes. Meanwhile, Australia has yet to establish legal guidelines for post-breakup pet custody.
The most noteworthy instance of pet custody was in 2021 in Spain, where a judge awarded joint custody of a dog to a couple demonstrating shared responsibility for the pet.
