SPAIN Trends and Developments Contributed by: Amparo Arbáizar, Arbáizar Abogados
to establish a regulatory agreement that ensures the pet spends equal time living with each part - ner – for example, one week with one spouse and the next week with the other. In an amicable separation or through a consen - sual divorce, the spouses can mutually decide whether the pet will reside with only one of them while granting the other access or if they will divide the pet’s time equally between them. Spouses have the option to split their time with their pets equally or to establish an unequal arrangement. In the latter case, the pet may live primarily with one spouse, while the other spouse is granted specific days or weekends to visit and spend time with the pet. This visit - ing arrangement can include certain weekends, holidays, long weekends, or vacation periods. In the event of a discrepancy, the judge will decide, considering the interests of the family members and the animal’s well-being. Following the reform carried out by Law 17/2021 on the legal regime for animals, the Civil Code began to consider animals as sentient beings, not mere things. From that moment on, multiple resolutions regulate the spouses’ economic con - tribution to the burdens associated with animal care; therefore, a monthly maintenance payment can be established to cover this type of expense. This pension covers all the costs associated with caring for the animal, including, among others: • food; • veterinary expenses; • medicines and/or supplies associated with its health and well-being (for example, deworm - ing collar, special soaps/shampoos); and • grooming.
Shared custody of children will not be granted by the court in cases of domestic abuse upon the spouse or children. Ill-treatment or violence inflicted on animals with the intention to cause pain or control the spouse or children will be regarded as domestic abuse, Article 340, 2b) of the Criminal Code (Código Penal). In the liquidation of the matrimonial property regime, pets are regarded as sentient beings rather than mere possessions. Consequently, they cannot be divided like other assets. While selling a pet and sharing the profits is allowed, this must be agreed upon by the parties and will not be determined in court. If the spouses can - not agree on selling the pet or who should have custody, the judge will decide the pet’s future. The decision will consider the interests of both owners and the animal’s welfare. The judge may also allocate shared custody and care responsi - bilities for the pet and associated costs. On successions, Article 914 of the Civil Code rules that in the absence of a testament, the pet will be given to the inheritor who requests it. If there is no agreement on succession, the pet will be given to a third person (for example, Animal Protection Society) until the inheritors find an agreement. If there is no agreement, the judge will decide the pet’s destiny, paying regard to the welfare requirements of animals and taking the necessary steps to ensure that the animal is handed over to an entity or organisation that will protect it. Many people leave their pets as heirs, especially when they do not have forced heirs. However, Spanish law is forceful in this regard, and the Spanish legal system does not allow an inherit - ance to be left to an animal. However, the testa - tor can choose through a will which heir the pet will be with, granting a legacy, for example.
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