Pets: what rules for custody in the event of divorce?

“Full beings”, this is how pets are considered by Spanish law, which established joint custody in the event of divorce, in January 2022. More recently in Argentina, visitation rights for dogs were established by a judge for the first time during divorce proceedings. In France, while the courts face an increasing number of requests to rule on the custody of a pet, French law still does not resolve the issue.

Pets, subject to ownership regime

Until 2015, animals were considered personal property under French law. Since 16 February 2015 they have been recognized as “living beings endowed with sensitivity” by article 515-14 of the civil code. However, there is no specific provision in the legal texts for pets in the event of divorce. Failing that, our animals remain subject to the property regime. But if there is no specific legislation regarding the care of our little companions, who is responsible for it? If your dog, cat or NAC came into your household before the official union, it is considered “owned” and belongs to the person who bought or adopted it.

Remember that before going to court to resolve the matter, it is best to find common ground that is in the best interest of the animal. It can certainly be a difficult decision, but her well-being must take precedence over self-interest. If you can’t come to an agreement, you need to know who bought or adopted the animal, know the owner. The name is reported on his identity documents. If the animal has been given away or donated, the beneficiary is the owner.

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Who has custody of the animal in the event of separation?

In the context of an amicable resolution, or by mutual consent, the owners are free to dispose of as they see fit, and even to agree on joint custody. In other cases, the terms may vary according to the type of union and the associated property regime.

Breaking of the PACS or cohabitation

In case of cohabitation or PACS, people are required to find an amicable solution.

If the animal was acquired during the marriage, it is the matrimonial regime that determines who it belongs to. For spouses who have opted for the marriage agreement of separation of property, it is the cohabitant who acquired the animal who has custody of it. In the absence of a contract, the spouses are subject to the community regime reduced to interest. In other words, the goods are all common, so an amicable solution must be found. However, you can appeal to a family court judge, who can decide the matter. It will take into account several criteria, including: the welfare of the animal, the bonds of attachment to the animal, the living conditions and the presence of children. It is relatively common for the judge to grant custody of the animal to the parent responsible for the couple’s children.

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Is shared custody possible?

In the vast majority of cases, the judges give sole custody to one of the two ex-spouses. Indeed, if we have seen very rare examples in France of joint custody of an animal, “theThe notion of alternate residence is in principle a concept inherent to minors”explains Maître Sarah Saldmann a 30 million friends. However, some former couples also apply it for their pet, amicably”, specific. Could French law evolve in this direction, as in Argentina, or in Spain? Difficult to say, but not impossible that we end up conferring, on those who today are recognized as “living beings endowed with sentient beings”, a status of legal entities.

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