Pets and Separation in British Columbia: What You Need to Know

For many couples, pets are as much a part of the family as their children. Until recently, however, British Columbia law treated them strictly as property. That has changed. The Family Law Act has been updated to recognize companion animals as a distinct category, giving separating couples more meaningful options for addressing pet ownership and care in their Separation Agreement.

Pets in a Separation Agreement

Separating couples may now include terms in their Separation Agreement regarding pets to:

  • jointly own a companion animal;

  • share possession of a companion animal; or

  • give exclusive ownership or possession of a companion animal to one spouse.

What is a "companion animal"?

The Family Law Act defines a companion animal as an animal kept primarily for companionship. This includes pets but does not include guide dogs, service dogs, or animals kept for business or agricultural purposes.

What if you can't agree on pet ownership?

If you and your spouse cannot reach an agreement, it is possible for the court to decide. However, there is an important limitation: the court can only order ownership and possession of a companion animal to one spouse. Unlike a Separation Agreement, a court order cannot provide for shared ownership or shared possession. This is one of the reasons that reaching your own agreement through mediation gives you significantly more flexibility than leaving the decision to a judge.

Factors the court considers

If the matter goes to court, the judge will consider:

  • the circumstances in which the companion animal was acquired;

  • the extent to which each spouse cared for the companion animal;

  • any history or risk of family violence;

  • any cruelty or threat of cruelty toward the animal by either spouse;

  • the relationship between any children and the companion animal;

  • the willingness and ability of each spouse to meet the animal's basic needs; and

  • any other circumstances the court considers relevant.

Common arrangements

Many couples choose to collaborate on pet care arrangements, particularly when they are also co-parenting children. A common approach is for pets to travel between households on the same schedule as the children. Other arrangements include periodic visits, help with tasks such as dog walking, care during travel, and agreements about shared pet-related expenses.

If you have pets and are working through a separation, we can help you include clear and practical terms in your Separation Agreement that work for your family and your animals. Consider scheduling a Pre-Mediation Initial Consultation to get started.

Modern Separations Law Corporation