The new legislation on animal rights
You can also listen to the podcast
What changes have been introduced regarding animal rights?
On 5 January 2022, a new law came into force (Law 17/2021, of 15 December, amending the Spanish Civil Code, the Mortgage Act and the Civil Procedure Act, on the legal status of animals). For the first time, this law establishes that animals are no longer to be regarded as "things" or "property", but are legally recognised as living beings endowed with sensitivity and the capacity to feel.
Why was this reform necessary?
The reform was needed not only to bring the Spanish Civil Code into line with the true nature of animals, but also to reflect the nature of the relationships, particularly those of cohabitation, that exist between animals and human beings.
What does the reform cover?
- Amendments to the Spanish Civil Code in the area of legal separations, divorces and annulments, introducing rules to regulate the arrangements for cohabitation and care of companion animals. The reform provides for the possibility of reaching agreement on the custody of pets and sets out the criteria courts must apply when deciding who should be entrusted with the animal's care, with the animal's welfare as the primary consideration.
Provisions relating to succession have also been incorporated, addressing what happens to animals upon the death of their owner. Where the heir has not expressed a clear wish, arrangements must likewise be made based on the criterion of animal welfare.
- Amendments to the Mortgage Act establishing that a mortgage cannot be extended to cover animals kept or used on a property dedicated to livestock farming, industrial activity, or leisure purposes.
- Amendments to the Civil Procedure Act declaring that pets are absolutely exempt from seizure, in recognition of the special bond of affection between them and the family with whom they live.
How does this affect divorce, separation, and annulment proceedings specifically?
In annulment, separation, or divorce proceedings, where the spouses fail to reach an agreement or the court does not approve one, the judge will now be required to rule not only on matters concerning children, the family home, financial liabilities, and the dissolution of the matrimonial property regime, but also on arrangements for any pets. (Amendment to Article 90 of the Spanish Civil Code.)
Is there anything in the law regarding domestic violence or gender-based violence and pets?
Yes. There is also an important amendment recognising as a ground for refusing shared custody not only that one party may be subject to criminal proceedings for abuse against the other spouse or the children, but also for abuse against animals, or threats to harm them as a means of controlling or victimising any of those individuals.
Can a judge award custody of a pet to one of the spouses?
Yes. The court may entrust the care of pets to one or both spouses, and will determine, where applicable, how the spouse not granted care may spend time with the animals, as well as how the costs associated with the animal's care are to be shared, regardless of who holds legal ownership and who has been entrusted with day-to-day care. This arrangement will be recorded in the relevant animal register.
What about inheritance matters?
Where a will makes no provision for a pet and several heirs each claim custody of the animal, a judge may award custody to whichever heir they consider most suitable, with the animal's welfare as the guiding criterion.
Do you need assistance?
