SPAIN Trends and Developments Contributed by: Amparo Arbáizar, Arbáizar Abogados
The testator can also appoint the heir on the condition that he takes care of his pet to ensure that the new owner will take care of the pet until his death instead of getting rid of it. Case Law on Pets The Judgement nº 526/2023 of Pontevedra High Court (Audiencia Provincial de Pontevedra), dated 3 November 2023, orders a maintenance obligation of EUR40 per month for the care of the family pet. This measure was established in the divorce decree in addition to the children’s arrangements. The case is a divorce, in which, among other measures, it was ordered that the pet would be left in the care of the ex-wife, and her ex- husband would have to pay her maintenance to support part of the pet’s expenses: “The spouses’ pet will be in the care of Ms. Sagrario, and the extraordinary and veterinary expenses will be paid in half. Mr Pablo will con- tribute to the cost of the animal with the amount of 40 euros per month, payable in the first five days of each month and updateable annually in accordance with the CPI. “. The ruling also references the case law of the Spanish Supreme Court (STS nº 257/2013, of 29 April), which states that shared custody for chil - dren should be established unless it can be dem - onstrated that it would be harmful to the minor. Shared custody is not considered an exceptional measure and is viewed as the standard and even preferable arrangement. This approach ensures that children maintain relationships with both parents, even during times of crisis, whenever possible and appropriate. Pontevedra High Court ordered that children’s arrangements would be regulated through a sys -
tem of shared custody with weekly exchanges. In addition, provisions were detailed for the Christmas, Easter and summer holidays. According to the Judgement of Huelva High Court (Audiencia Provincial de Huelva) dated 23 February of 2023 : “as it is well known that the rapid affection and subsequent emotional bond that arises with respect to any pet when one lives with it, the equitable distribution between both spouses of the care and possession of the animal, as well as the burdens that this implies, should prevail as a general rule, without tak- ing into account the specific ownership of the same, nor whether this cohabitation may have been more or less extensive unless there are circumstances of sufficient gravity and entity to promote the exception to the general rule.” The Judgement of Madrid High Court (Audiencia Provincial de Madrid, secc.24), dated 16 March 2023, orders that:“ The”animal” belongs to the entire family unit, and its well-being depends on it being with the minors, and consequently with each of the litigating parties, in the periods in which they are entitled to be with their children, according to the established shared custody regime.” The Judgment of the Supreme Court, number 1015/2024, dated 17 July 2024 (Tribunal Supre - mo, Sala de lo Civil), declares that pets are not subject to the same civil procedure rules that apply to proceedings regarding minor children, such as Article 752 of the Law of Civil Proce - dure (752 LEC). The protection of a child’s best interests is a paramount principle of public order, whereas the protection of pets does not hold the same level of importance.
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