CThere are couples who get along immediately. As it seems to have happened to Michelle Hunziker and Tomaso Trussardi: the greyhound Odin, adopted only a few months after they separated, remained with the entrepreneur. But in many cases, he warns International Animal Protection Organization, when the couple breaks up, pets can become instruments of blackmail or spite. Who protects them? Some legal tools exist.
To the Oipa legal office Requests for information on the topic often arrive. And if in Italy there is no law that, in the event of separation, regulates the custody and protection of pets, it is however possible to establish custody through legal means. And there are differences depending on whether the pet lives with a married or de facto couple.
In the event of a divorce, pets are “assets” to be divided between former spouses
By law, ex-spouses can agree, in the event of a consensual separation, on the placement of pets.
But If, however, there is no good will to reach an agreement, legal action can be taken: the pet, in fact, despite being a sentient being, can be the “subject” of a separation agreement and result in the division of assets between the ex-spouses.
A school case is the decision taken in 2013 by a judge of the Civil Court of Milan. The magistrate confirmed the correctness of the decision made by a former couple regarding the fostering and management of the cats at home. They had been entrusted to the “mother of the family”, providing for her the obligation to provide for their maintenance with the contribution of the ex-husband to the extraordinary expenses. For example, the visit to the vet or the purchase of medinals. Thus the coexistence of the cats with the youngest daughter present in the house was guaranteedwithout breaking the sentimental bond between the little girl and the felines.
A cat (or dog) is not a thing but a sentient being
What emerges from the judge’s ruling is that pets are not things, but sentient beings endowed with rights, and it is right to decide their placement and relative maintenance within the family environment.
Pets disputed when a de facto couple separates
Also in this case there is the possibility of deciding by consensus on the exclusive or joint management of the four-legged friend. However, if there is no agreement, it is advisable to rely on a trusted lawyer to “conciliate”. This is in order to find a solution that takes into account the well-being of the animal as well as the feelings of the person.
If not, you can contact the civil judge to order custody (exclusive or joint) of the animal. This, regardless of the relevant registration at the Registry of Pets which, we remember, is mandatory for dogs. (While registration in the cat registry is mandatory only in Lombardy and Puglia, as it is a matter of regional legislation).
Lawyer’s advice: the prenuptial agreement
«To avoid any future problems, we advise spouses and cohabitants to write an agreement regarding the possession, custody and maintenance of pets in the event of dissolution of the couple. Thus, for example, we can agree on custody, expenses, holidays, visits and so on”, explains lawyer Claudia Taccani, head of the Oipa legal office. «It’s a real thing lawful bond between the parties. It can be sanctioned independently with a private agreement signed by both and can be asserted before the judge in the event that a dispute arises despite the agreements made.”
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