Isaac's Family Law Blog

New BC Law Changes How Pets Are Divided Up in Divorce & Family Law Cases Yesterday I had the pleasure of accepting Kristy Cameron's invitation to join her on her radio show in Ottawa to weigh in on the recent changes to the Family Law Act in British Columbia . You can find her show at iHeart Radio 580 CFRA News Talk Radio . One of my favourite parts of the show was when Kristy and her producer Chris coined the word "dogimony." It was on the topic of how the ownership and possession of pets is now decided in British Columbia courts. Photo credit: Yuliya Strizhkina. A pet's best interests are now one of the principles a BC judge must consider when deciding which party gets ownership and possession of the companion animal. The relationship a child has with the pet and the relationship the other spouse has are also required considerations. It's like a combined best interest of the pet + stakeholder principle.  What are the changes in s 92 and s 97 of BC’s Family L...

Your Dear Pet and Family Law  You've had a long and hard day. As soon as you walk in the door, there's your dog there to great you and so happy to see you. It's like therapy. But when two people separate, they will have to negotiate who gets certain property in the division or equalization of their assets. If they can’t agree, a court will decide.  The question comes up, Who gets the dog? If there’s more than one, Who gets which dog? And so on for whatever beloved pet or animal that we have had during the relationship. We have such a strong emotional connection with our pets. This is one more stressful aspect to layer on to the other aspects of separation and divorce that people have to deal with. The emotional support that one gets from their pet may be a major coping mechanism to see them through the divorce. Legal Status of Animals in Ontario In the eyes of the law, pets are personal property. There are laws that govern how we are to treat pets or how many we are permitt...

Marriage Contracts These contracts are for those who are planning to get married (pre-nuptial/pre-wedding) or are already married (marriage contract). Although it should be noted that in Ontario law we only have a 'marriage contract,' and this can be signed by a couple before or after their wedding.  This type of contract allows a couple to agree on property or support. They can agree on different terms that what the default law may dictate in the event of a breakdown of the marriage.  For example, Ontario's Family Law Act has special rules for dividing what is called the "matrimonial home." Each spouse receives an equal share, regardless of who paid more of the expenses such as the down payment or mortgage loan.  But with a marriage contract, a couple can agree to a different division of the matrimonial home's value if the relationship were to end. This contracting power is especially valuable to those who have already been divorced once or are on their secon...