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New legislation allows shared pet custody in Brazil
Brazilian judges will soon have the authority to establish shared custody arrangements for pets when couples separate, reflecting the growing legal recognition of animals as family members.
How the law works
Under the new legislation, if a couple cannot agree on pet custody during separation, a court will determine a shared arrangement and divide maintenance costs equally between the parties. The law applies only to pets that have lived primarily with the couple during their relationship.
Exceptions include cases where one partner has a criminal record or a history of domestic violence, which would disqualify them from shared custody.
Rising pet disputes drive legal change
Lawmakers cited an increase in pet custody battles in Brazilian courts as a key reason for the update. A statement accompanying the law noted that societal shifts-including smaller families and stronger emotional bonds with pets-have made animals central to many households.
"Couples with fewer children often view their pets as true family members," the statement said.
Global comparisons
Brazil's approach contrasts with other countries' legal frameworks. In the UK, pets are treated as property, similar to cars or furniture, with courts awarding sole ownership. France, however, reclassified pets as "living and feeling beings" in 2014, enabling shared custody disputes.
Australia currently lacks specific legislation on pet custody, while Spain saw a landmark 2021 ruling granting joint custody of a dog to a separated couple in Madrid.
Pet ownership in Brazil
The law reflects the country's deep pet culture. With 160 million pets among its 213 million people, Brazil ranks among the world's largest pet-owning populations, according to Instituto Pet Brasil.
