New Brazil law allows separated couples joint custody over pets

As family structures and social attitudes toward companion animals shift across the globe, Brazil has become the latest country to update its legal framework to reflect the central role pets play in modern family life. Under landmark new legislation passed by the Brazilian Congress, courts across the nation will now have the authority to formalize shared custody arrangements for pets when separating couples cannot reach a private agreement on caregiving responsibilities.

Lawmakers behind the reform emphasized that the new rule directly responds to evolving social norms over recent decades, noting that a growing share of households—particularly those with fewer or no children—view their pets as full members of the family rather than disposable property. Legislative records accompanying the bill explain that when a couple splits without a prearranged agreement for their pet, a judge will outline a clear shared custody schedule and order both parties to split the animal’s ongoing care expenses equitably.

The legislation includes key eligibility guardrails to protect animal welfare: shared custody will only be approved if the pet has spent most of its life with the couple, and will be automatically denied if one party has a criminal record or a documented history of domestic violence that puts the animal at risk. This regulatory change comes amid a rising tide of pet custody disputes in Brazilian courts, a trend lawmakers say made the legal update necessary.

Brazil’s pet population underscores the widespread impact of this reform: data from Instituto Pet Brasil shows the nation of 213 million people is home to roughly 160 million companion animals, meaning the new law will touch millions of households across the country.

Brazil’s reform joins a growing global movement to reclassify the legal status of pets. Currently, the United Kingdom still legally treats dogs as inanimate property, on par with cars, houses, and other personal belongings—so pet custody cases there only result in a ruling on single ownership. France led legal reform in the region back in 2014, when it updated its laws to reclassify pets as “living and feeling beings” rather than moveable goods, opening the door for shared custody rulings in divorce proceedings. Australia has yet to pass any formal national legislation guiding courts on pet living arrangements after a relationship split. Most recently, Spain saw a high-profile shared custody ruling in 2021, when a Madrid judge granted joint custody to a separated couple fighting over their dog, Panda, ruling both parties were equally responsible co-caretakers for the animal.