Marital crises and companion animals: an approach in legal practice

• Main Authors: Laura Casas Díaz, Xavier Camps i Videllet
• Format: Article
• Language: English
• Published: Universitat Autonoma de Barcelona. Facultat de Dret 2019-01-01
• Series: Derecho Animal
• Subjects: convenio regulador de divorcio; animal de compañía; guarda; custodia; propiedad; posesión; crisis matrimonial; familia
• Online Access: https://revistes.uab.cat/da/article/view/397

The object of the present work is to describe the elements that the lawyers must take into account when dealing with cases of marital crises and the role of companion animals in these. The progressive transformation of the family model has led to the appearance of new situations that are not legally regulated, one of which is how to proceed in cases of separation and divorce in which the spouses have shared pets. The lawyer's role in cases of marital crisis is one of the great questions of the practice of law today. Without developing a stricto sensu parenting plan, which is reserved exclusively for the treatment of the children of the marriage, these situations require a language similar to that used to regulate guardianship and custody relationships. However, it is undeniable that these situations require detailed attention, having to avoid problems and future contingencies that could affect the welfare of the spouses and animals.