What happens to our pets if we split up in British Columbia?

As of January 2024, there was a significant change in law that impacts pet owners in British Columbia. Your furry companions will no longer be seen as mere “property” in the eyes of the law when it comes to determining ownership after a separation or divorce.

Prior to this change, family pets were treated as possessions by the courts (not unlike a couch!), who would mostly look at who purchased the pet and paid most of its expenses when deciding which partner should keep the pet after separation.  The court would typically not consider other things that most pet owners agree are important such as the relationship with the pet and what would be in the best interest of the pet going forward.  This led to uncertainty and heightened conflict among separating couples regarding the fate of their beloved animals. 

The new law acknowledges that pets are valued members of the family and that a more nuanced consideration should go into deciding what should happen to a pet if a relationship breaks down.  Courts in British Columbia will now consider additional factors when determining pet ownership, including:

• the circumstances in which the pet was acquired; 
• the extent to which each person cared for the pet 
• any history or risk of family violence; 
• any cruelty or threat of cruelty toward the pet by either partner; 
• the relationship between a child and the pet if the couple has children; 
• the willingness and ability of each party to meet the basic needs of the pet; and 
• any other circumstances the court deems relevant.
  
  

In cases where there isn’t a relationship agreement in place, and couples cannot agree at the time of separation, the court will step in to make a decision based on all of these factors. This update reflects a more nuanced understanding of the role pets play in family dynamics and aims to prioritize the well-being of both the animals and the individuals involved.  It is important to know, though, that a court will not make an order that requires a separated couple to share a pet.  If you want to share your pet after separation, you must make an agreement with your former partner to do so.

Couples are still encouraged to reach their own agreements regarding their pets, with options for joint ownership, shared possession, or exclusive ownership by one spouse.  We recommend including these details in your prenuptial or cohabitation agreement.

If you’re in British Columbia and you’re ready to make a relationship agreement with your partner, click here to get started!