Pet management in separation

Navigating a separation or divorce is an emotionally complex journey, which becomes even more delicate when pets are involved. Considered full members of the family, their fate is a source of great concern. Understanding how Italian law regulates their management is the first step towards finding a solution that protects their well-being and everyone's peace of mind. As a divorce lawyer in Milan, Avv. Marco Bianucci assists his clients in defining balanced and functional agreements, which recognize the emotional bond with the animal.

The regulatory framework: how animals are considered

In Italy, unlike what happens for children, there is no specific legislation governing the custody of pets. From a strictly legal point of view, animals are considered movable property, subject to ownership. However, growing social sensitivity and increasingly attentive case law have led courts to move beyond this rigid approach. Today, in decisions relating to their placement, judges tend to prioritize the animal's well-being and the continuity of its living environment. The goal is to identify the solution that best guarantees its psycho-physical stability, assessing the emotional bond developed with the spouses or cohabitants.

The importance of consensual agreements

The preferred route is always an agreement between the parties. In the case of consensual separation, it is possible to include specific clauses that regulate every aspect of the animal's life. These agreements can define not only its primary placement with one of the two partners, but also a real visitation right for the other, the methods of sharing veterinary expenses, both ordinary and extraordinary, and management during holiday periods. A well-structured agreement prevents future conflicts and guarantees the animal the emotional continuity it needs.

The approach of Studio Legale Bianucci

The approach of Avv. Marco Bianucci, a divorce lawyer with consolidated experience in Milan, focuses on finding pragmatic and personalized solutions. The goal is to translate the emotional bond with the animal into a legally sound and sustainable agreement over time. The firm assists clients in drafting detailed clauses that leave no room for future uncertainties, mediating between positions to reach an understanding that puts the animal's interest at the center. If an agreement is not possible, Avv. Marco Bianucci provides the necessary assistance to face the judicial process, presenting the judge with all the elements useful to demonstrate which placement is most suitable to guarantee its well-being.

Frequently Asked Questions

Who gets the dog in case of separation without children?

In the absence of children, the decision on the dog's placement, if not agreed upon by the parties, is made by the judge. The judge will assess which of the two spouses the animal is most attached to, who has the best logistical and economic conditions to care for it, and who can guarantee it greater stability. Formal ownership (e.g., microchip registration) is a considered element, but not necessarily decisive if it can be proven that the animal's well-being is better protected with the other partner.

How are veterinary expenses divided after divorce?

The division of veterinary expenses, both ordinary and extraordinary, should be clearly defined in the separation agreements. The parties can decide on a 50% split, or establish that ordinary expenses are borne by the custodian owner and extraordinary expenses are divided. In the absence of an agreement, expenses follow the ownership regime: the one who is formally the owner is responsible for them, but it is possible to request a contribution from the other in court.

Can the judge establish a visitation right for my cat?

Yes, although there is no specific law, Italian courts increasingly recognize a visitation right for pets in favor of the non-custodial spouse. This decision is based on the principle of the animal's well-being, which benefits from maintaining a continuous relationship with both reference figures. The methods and frequency of visits are established by the judge or, preferably, agreed upon by the parties.

What happens if the animal is registered only to one of the spouses?

Formal registration, such as the microchip, constitutes proof of ownership. However, it is not the sole determining factor. If the other spouse can demonstrate that they have primarily cared for the animal and that its well-being would be compromised by separation, the judge may decide to place it with them, even establishing a visitation right for the formal owner. Modern case law favors the emotional bond over mere title of ownership.

Request a consultation for your case

Managing pets in a separation requires sensitivity and legal expertise. To define an agreement that protects your animal's well-being and prevents future disputes, obtaining qualified advice is essential. Contact Studio Legale Bianucci in Milan to analyze your situation. Avv. Marco Bianucci will provide clear and strategic assistance to find the most suitable solution for you and your four-legged companion.