Brazil enacts law to allow divorced couples shared custody of pets
Under the legislation, joint custody can be awarded when couples separate and cannot agree on who should keep the animal.
By Jerusalem Post Staff, April 5, 2026
How do our pets help us cope with the situation? (photo credit: Canva)
Brazil’s Parliament has approved a bill to allow separated couples to share custody of their pets. The measure would change family law to treat companion animals as part of the household. It would also rewrite how courts handle pet arrangements during breakups. The bill now awaits presidential sanction before taking effect, according to BBC News.
Under the legislation, joint custody can be awarded when couples separate and cannot agree on who should keep the animal. This applies if the pet has spent most of its life with the pair. Lawmakers cited the growing emotional bond between people and their animals. They noted that many couples have fewer children and closer relationships with pets regarded as family members. They also pointed to an increase in court disputes over pet custody as justification for setting clear rules.
The pet's well-being at the center
The bill places the pet’s well-being at the center of judicial decisions. Judges must weigh the adequacy of the home environment, conditions of care, attention, sustenance, and each party’s available time. If no agreement is reached, a judge will decide on whether joint custody is appropriate. The court will also determine how to fairly distribute maintenance costs for the animal.
Expenses for food and hygiene fall to the guardian in charge at any given time. Other maintenance costs, such as veterinary consultations and medications, must be divided between the two parties. Other pet-related expenses should also be shared. The framework aims to prevent future disputes over routine and unforeseen costs.
Judges can set schedules suited to each animal’s needs and each household’s capacity. Shared custody will not be granted where there is evidence of violence or mistreatment, a criminal record, or a history or risk of domestic violence.
Portugal, France, and Spain
Brazil’s move aligns the country with a growing list of countries that recognize pets’ interests in family law. Portugal, France, and Spain have each updated their legal approaches to animals. In 2014, France revised its civil code to classify pets as living and sentient beings rather than “moveable goods,” enabling shared custody in divorce cases. In 2021, a court in Spain granted joint custody to a separated couple over a dog, deeming both parties jointly responsible and co-guardians.
Brazil has approximately 160 million pets, according to the Instituto Pet Brasil.
