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May 2023

May 26
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Your Family Pet in Separation or Divorce: What about Rover?!

By Family law, Pets

Pets are part of the family! If you have a family pet, you can appreciate just how important they are in your life and your children’s lives. If you’re going through separation or divorce, then it’s likely that you’ll need to consider what will happen to your pet(s). In this article we’ll look at how we deal with the family pet in separation or divorce, and steps that you can take to ensure that your wishes regarding your pet are fulfilled.

Ownership

Canadian law views pets as property – just like an armchair, a vehicle, or a computer. This means they are subject to the same rules of property division upon a relationship breakdown. Therefore, The key issue to be determined by a judge is to identify which spouse owns the pet. This means considering who paid for the pet, and who pays for the majority of expenses. Or, if the pet was acquired before the relationship, this will be strong evidence to show that the pet will be excluded from family property and should remain with the spouse who originally purchased the pet.  It is also possible for a court to decide that a pet is jointly owned. This may mean that the court will order that one party buys the other party out, or if there are multiple pets, an order that each party keeps a pet.

However, the treatment of pets in the law does not appreciate the deep bonds that people build with their pets, and a property ownership approach leaves many pet owners feeling unsatisfied. In recent years, some provinces have shifted towards more holistic considerations, especially given that Covid-19 saw an upward shift in pet ownership. For instance, in British Columbia, judges are increasingly likely to consider what is in the best interest of the pet, such as who can dedicate more time to the pet, and whether the pet is bonded with another animal or human. There have also been proposed amendments to the British Columbia Family Law Act, that would consider more of the “relational aspects” of animals in the family. In Ontario, case law has also evolved, with judges looking at who has spent more time with the pet, including who takes the dog for walks, cares for the pet, buys the food, and accompanies the pet on vet visits. In some cases, Judges in Ontario have also considered the children’s attachment to a pet, and determined the pet schedule around where the kids are, whether that means the pet stays in one household, or changes households with the custody schedule. Decisions from other provinces can be persuasive considerations for judges here in Manitoba.

How can I protect my rights regarding the family pet?

While the law is shifting in a paw-sitive direction,  it remains that pets are property. Therefore, keeping documentation that can prove ownership and ongoing payments towards the pet’s care is very important. This includes things like the ownership papers, information on the pet license, vet bills, and bank statements.

It is also worth considering creating a “pet-nup”, detailing what contributions have been made for the pet and what will happen with the pet upon a relationship breakdown. These details can be included in a written cohabitation or prenuptial agreement.

If there is no cohabitation or prenuptial agreement already in place prior to separation, one of the simplest, and most common ways to ensure your interests are protected is through a written separation agreement. This will also help to avoid lengthy and costly court battles over the family pet in the future. These agreements will typically include things like visitation schedules, rules outlining how costs will be shared, and obligations regarding nutrition and health decisions.

If you are facing an immediate dilemma regarding the removal of your beloved pet from your care, there may also be other immediate relief available to you as well, such as an interim order of possession or a legal or equitable claim of ownership.

Whether you are simply looking to protect yourself in case of a future breakup, or are in the process of a separation, our family team is here to help you ensure that your beloved pet stays a part of your life!

A cat and dog snuggling at home
May 18
Love0

New Article: Relocation in the Context of Family Violence: A.J.K. v. J.P.B., 2022 MBQB 43

By Family law, Research Articles

One of our lawyers, Heidi Dyck, was asked to write an article for May 2023 bulletin of the Research and Education for Solutions to Violence and Abuse (RESOLVE) research network on relocation in the context of family violence.

 

Her article can be found here:

https://www.umanitoba.ca/sites/resolve/files/2023-05/RESOLVE%20Case%20Bulletin%20English%20Version%20May%202023.pdf

May 17
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Legal Agreements Are Not Just For Separation: Cohabs, Prenups, Spousal Agreements

By Family law

If you’re in a relationship,  there’s a good chance that you’ve at least thought about getting a prenup or cohabitation agreement. After all, if you’ve made it to the point where you’re thinking about moving in together or getting married, then it’s likely that your future together is important to both of you. And while some couples may choose not to put their relationship on paper, having a legal agreement can make things easier if something goes wrong later on down the road. It’s also worth noting that any legal agreements between partners need not be limited solely to separation agreements and prenups—there are plenty of other types of agreements out there!

Cohabitation agreements are a way to protect your rights in the event of a breakup if you and your partner are living together. Cohabitation agreements can cover a range of issues, including property, debt and support. In Manitoba, you are considered common-law if you have been living together for three years or one year if you have a child together. In Manitoba, if a common-law couple separates, each partner is entitled to half of the family property, if there is not an agreement saying otherwise.

If you’re in a relationship and plan to get married, prenups can be an excellent way to protect your assets. A prenup is not just for the rich and famous!

If one partner has more money than another, or if one partner brings more property into the marriage than another does (such as an inheritance), then having this information written down before tying the knot may help avoid future misunderstandings or disagreements over who owns what if you get divorced. It can also help avoid a contentious legal battle if divorce occurs, because you’ve already agreed to certain things.

If you aren’t sure if an agreement of this kind is right for you, or you’re not sure what you would include, it’s always best to speak to a lawyer who is experienced in these issues. At Wolseley Law, we offer flat rates for these types of agreements. To get more information, or to schedule a consult with one of our lawyers to discuss it, please contact our office.

May 09
Love0

Dealing with pets in your will and estate

By Estates, Pets, Power of Attorney, Wills

You love your pet, and you want to make sure that he or she is taken care of after you’re gone. You may not know how to do this, but don’t worry: It’s easier than you think! In this article, I’ll cover the basics of estate planning for pets and how it can help the dog, cat, iguana or whoever you have in your life continue to be a good boy even after you can’t help them anymore. Because who’s a good boy? Your pet’s a good boy.

Pets are part of the family, so they should be protected and provided for in your estate plan along with other loved ones and assets

Pets are part of the family, and they should be protected and provided for in your estate plan along with other loved ones and assets. Pets are not just property, they are family members. They have feelings and emotions that can suffer when they lose their owner or guardian. In some cases, these animals have been with an individual longer than any human friend! They deserve to be included in your will as well as being cared for by someone who will love them just as much as you did when alive (or even more).

Plan early.

It’s never too early to start thinking about what will happen to your pets after you pass away.

However, if you wait too long, it may be too late. You need to make sure that your wishes are known by those who will be responsible for carrying them out.

Consider hiring a lawyer to help you create an estate plan.

If you have pets, it is important to have a plan in place for them. A lawyer can help you create a will and make sure that the right people are named as executor(s), trustee(s), successor trustee(s), power of attorney and/or guardian(s). They also know how best to deal with pets in these documents.

A good estate planning lawyer will ask questions about your pet’s needs so they know what type of caretaker would be best suited for them; many lawyers have connections with local shelters that specialize in helping animals find new homes when their owners pass away or become unable to care for them anymore

Although courts see pets as property, choose a guardian for your pet.

Although the courts see pets as property, you should choose a guardian for your pet. A guardian can be a family member, friend or neighbor. Alternatively, it could be a professional caregiver who specializes in taking care of animals.

If possible, appoint two people as co-guardians so there’s someone who can step in if something happens to one person before the other dies or becomes incapacitated themselves (elderly parents often worry about this).

Provide for your pet in your will and other legal documents.

If you have a pet, it’s important to think about how they’ll be cared for after your death. If a family member or friend isn’t willing or able to take on the responsibility of caring for your pet, consider other options such as finding them a new home with someone who is able to do so. Another option is providing money in your will that allows them to be taken care of by an animal shelter or rescue group until they are adopted into their new home.

Pets can be the subject of gifts for their care, or even trusts that allow funds to be paid out every year that they survive you in order to ensure continual care. The options for choosing how to provide for your pets are nearly limitless.

Arrange for care while you’re alive, if possible.

If you have a pet and are experiencing a move into a personal care facility, it may be valuable to consider if an earlier move for your pet is a better option. This may help ease your pet’s transition into its new home, and still allow you to visit, or be visited by your pet, from time to time.

You should also make sure that any medical issues are taken care of before arranging for someone else to take over as caregiver: ensure that the animal has had all its vaccinations (and check back periodically), and bring it in for regular checkups from time-to-time so that any potential problems can be caught early on and treated accordingly by a veterinarian.

Conclusion

Pets are a big part of our lives, and they deserve to be taken care of. They’re also part of your estate and will, so it’s important to plan properly for them. If you don’t want to leave money or property directly to your pet, consider naming someone else as guardian who can take care of them in the event of your death or incapacity. This person should be someone who loves and cares about your good pup or kitten or other friend as much as you do and who is willing to give them all the love that they deserve.

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