How British Columbia law treats pets during separation and divorce
In a breakup, deciding who gets the dog or cat can be more emotional than splitting bank accounts. While many provinces still treat pets as property, pet custody in BC is shifting toward a more family-focused approach.
What the Law Says About Pet Custody in BC
As of recent legislative updates, BC family law now allows courts to determine who has ownership of, or right of possession to, property, including a companion animal. In determining whether to make an order regarding a companion animal the court must consider:
- The circumstances in which the animal was acquired;
- The extent to which each spouse cared for the animal;
- Any history of family violence (the definition of which includes violence towards a companion animal);
- The risk of family violence;
- A spouse’s cruelty or threat of cruelty, toward an animal;
- The relationship that a child has with the animal;
- The willingness and ability of each spouse to care for the basic needs of the animal; and
- Any other circumstances the court considers relevant.
Importantly, before running to the court to decide a “parenting arrangement” for your pet, the legislation is clear that the court must NOT order:
- That the spouses jointly own the animal; or
- Require the spouses to share possession of the animal.
This means that the court may consider the previous factors listed above in deciding who takes ownership or possession of the animal but not cannot order split ownership or responsibility. Basically, if you leave it to the courts, only one spouse can end up with the animal.
Can You Include Pets in a Prenup or Separation Agreement?
Yes. In fact, many couples are now including pet clauses in cohabitation/marriage agreements and separation agreements. These may cover:
- Primary residence
- Visitation schedules
- Vet expenses
- Emergency care or rehoming plans
The more detail you provide, the more likely a judge is to follow the agreement.
Plan for Your Pet’s Future
If your pet is part of your family, treat them that way in your legal documents. Whether through a prenup or a separation agreement, clarity now can prevent conflict later.
Need help drafting or revising a pet clause in your agreement? Our Family Law team at Clark Woods LLP is here to help.
If you have questions about pet custody in BC, separation agreements, or how BC family law applies to your situation, our Family Law team at Clark Woods LLP can help. Visit our contact page to get in touch and discuss your options: https://clarkwoods.ca/contact-us/
