Brazilian Courts Gain Power to Order Shared Custody of Pets in Divorce

Brazil has taken a significant step in recognising the emotional importance of companion animals by granting courts the authority to order shared custody of pets when couples separate. The new federal law, approved in April 2026, responds to a growing number of disputes involving dogs, cats, and other domestic animals—now considered integral members of many Brazilian households.

Under the legislation, if a divorcing couple cannot reach an agreement on who keeps the pet, a judge may impose a joint‑custody arrangement. This can include alternating periods of care, shared financial responsibility for food, veterinary treatment, and other essential expenses, and even detailed schedules similar to those used in child‑custody cases.

Crucially, the law requires judges to consider the well‑being of the animal, assessing factors such as living conditions, time availability, and each partner’s caregiving history. Pets that have lived predominantly with the couple are treated as a form of shared property, but the law moves beyond a purely economic view by acknowledging their emotional significance.

There are important safeguards. Shared custody is prohibited if one partner has a criminal record or a history—or risk—of domestic violence. In such cases, courts may award exclusive custody to the safer environment to protect both the animal and the vulnerable partner.

Brazil is home to one of the world’s largest pet populations—estimated at more than 160 million animals—and lawmakers say the reform reflects modern family dynamics. With many couples choosing not to have children, pets often occupy a central emotional role, making separation disputes more complex.

By aligning itself with countries such as France and Spain, where pets are legally recognised as sentient beings, Brazil signals a broader cultural shift: animals are no longer viewed as mere possessions but as companions whose welfare deserves legal protection.

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