Pet Management in Separation

The end of a relationship or marriage is a complex time, filled with difficult decisions. When a pet, such as a dog or cat, is part of the family, an additional concern arises: what will its future be? These animals are not mere objects, but true family members, and their well-being is a priority. Understanding how to regulate their care is essential to ensure continuity and welfare. As a family lawyer in Milan, lawyer Marco Bianucci handles these delicate situations with the aim of finding balanced solutions that protect the animal first and foremost.

The Regulatory Framework and Court Practices

In Italy, there is no specific law governing the custody of pets in cases of separation. From a legal perspective, animals are still classified as 'goods', but jurisprudence has made giant leaps, recognizing their status as sentient beings. Courts, despite the absence of specific legislation, are increasingly inclined to make decisions that take into account the animal's well-being and its emotional bond with the partners. The main tool to avoid uncertainty and conflicts is the drafting of a written agreement, which can be incorporated into the separation or divorce conditions, thus acquiring full legal effect.

Essential Elements of a Management Agreement

A well-structured agreement must anticipate and resolve every potential source of disagreement in advance. It is crucial that it is detailed and clear, leaving no room for future interpretations. The crucial aspects to define mainly concern placement, visits, division of expenses, and responsibility for important decisions.

Placement and Visit Schedule

The first point to establish is with which of the two partners the animal will primarily live. This decision should be based on who has the best logistical conditions (space, time, habits) to care for it. The agreement must then define a precise schedule for the other partner's visitation rights. Alternating weekends, holiday periods, or weekdays can be arranged, creating a stable routine that does not disorient the animal.

Division of Ordinary and Extraordinary Expenses

Financial management is another fundamental aspect. It is necessary to distinguish between ordinary expenses (food, grooming, annual vaccinations) and extraordinary expenses (emergency surgery, unexpected veterinary care, specialist treatments). The agreement must specify how these expenses will be divided, for example, 50/50 or in proportion to the partners' incomes. A clear definition prevents disputes and ensures that the animal always receives the necessary care without delay.

The Approach of the Bianucci Law Firm

The approach of lawyer Marco Bianucci, a family lawyer with extensive experience in Milan, focuses on creating personalized agreements that reflect the real dynamics of the family and the specific needs of the animal. The goal is not just to resolve a legal issue, but to build a sustainable solution over time, minimizing future conflicts and centering the emotional stability of all involved, including pets. The firm, located at Via Alberto da Giussano 26, assists clients in negotiating and drafting clear and legally binding agreements, guiding them towards the most peaceful choice for them and their four-legged companion.

Frequently Asked Questions

Who gets the dog in case of separation without an agreement?

In the absence of an agreement, the decision rests with the judge. Although the animal is technically property, the judge will not limit themselves to checking the microchip owner. They will evaluate elements such as who has primarily cared for the animal, the emotional bond developed with the partners and children, and which placement would ensure the greatest well-being for the animal itself.

What happens if one party does not respect the agreement regarding the animal?

If the agreement has been approved by the court as part of the separation or divorce conditions, it becomes a legally binding order. Non-compliance can be legally challenged, and the court can be asked to order the fulfillment of the stipulated obligations, just as with other conditions of the agreement.

Are dog expenses included in the maintenance allowance?

Generally, no. Pet expenses are considered separately from the maintenance allowance for the spouse or children. For this reason, it is crucial that the management agreement specifies their division in detail, to prevent them from being erroneously included or overlooked.

Is it possible to obtain shared custody for a pet?

Although the legal term 'shared custody' applies to minor children, it is absolutely possible to create a similar management regime for a pet. Through a private agreement, partners can establish an equal sharing of time and responsibilities, effectively formalizing a form of 'alternating placement' that respects the needs of both partners and the animal.

Request a Consultation for Your Case

Every family situation is unique and requires a tailor-made solution. If you are going through a separation and wish to clearly and peacefully define the future of your pet, it is important to seek competent legal guidance. Contact the Bianucci Law Firm in Milan to analyze your case and receive targeted advice for drafting an agreement that protects your rights and, above all, the well-being of your loyal companion.