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Pet Custody in Divorce and Separation: Understanding Pet Ownership Laws in Canada

stefan juzkiw — Thu, 15 Jul 2021 19:25:17 +0000

Pet Custody in Divorce and Separation

When couples separate or divorce, there’s often a lot of focus on dividing assets like homes, cars, and finances. But for many, the most emotionally charged battle isn’t over material possessions—it’s over the family pet. While many don’t initially consider the legal complexity of this situation, deciding who keeps the pet can be just as heated as child custody disputes.

Why would you need a lawyer for something like pet custody? Many people don’t think of it until they’re deep into the separation process, but a beloved pet often holds immense emotional value. Pets are more than just property—they’re part of the family. However, the law doesn’t see it that way. In Canada, pets are treated as property, and resolving disputes over who gets to keep them often requires legal intervention. Since pets are considered to be property, they are governed by The Family Act.

If both parties want to retain custody of the pet, it can quickly become an intense legal issue, making legal guidance not just helpful, but essential.

The emotional bond with a pet, combined with the legal framework, often leads to disputes that people don’t expect. Without legal help, people might not realize what’s at stake or how complex the situation can become, especially when both parties have valid claims to ownership. This is where Juzkiw Law can help—guiding you through the process and protecting your rights while ensuring the best outcome for both you and your pet.

Legal Status of Pets in Canada

While it may feel like your pet is part of the family, the legal system in Canada doesn’t quite agree. In the eyes of the law, pets are considered property—similar to a piece of furniture or a car. This can be a surprising realization for many during a separation or divorce.

When courts in Ontario and across Canada deal with pet custody, they focus on ownership and property laws. Factors like who purchased the pet, whose name is on the pet’s registration, and who has primarily been responsible for the pet’s care and expenses are taken into account. Emotional attachment or who loves the pet more, while deeply significant to the individuals involved, doesn’t hold much legal weight.

How Courts Handle Pet Custody in Divorce and Separation

Pet custody disputes are often treated differently from child custody battles. Since pets are legally considered property, the court’s decision isn’t based on who can provide the best emotional support for the animal but rather who can establish legal ownership.

Courts in Ontario take several factors into account when deciding who keeps the pet:

Purchase and Ownership: Who bought the pet and whose name is on the ownership documents.
Primary Caregiver: Which party has been responsible for the pet’s daily care, including feeding, walking, and vet visits.
Living Arrangements: Where the pet will live after the separation and whether one party’s new home is better suited for the pet’s needs.

Sometimes there is no easy way to deal with pets amid a separation or divorce, and such matters are best settled out of court through mediation, arbitration, and a genuine discussion between each partner. Such a dialogue can help the partners reach common ground and negotiate an agreement that is mutually agreeable and beneficial for all parties involved.

While the court does not usually enforce shared custody agreements, some couples choose to negotiate these arrangements outside of court. However, without a proper legal agreement in place, this can lead to complications down the line. Working with an experienced lawyer ensures your pet’s future is secure and disputes are resolved fairly.

Ways to Enhance Your Chances of Retaining Ownership of Your Pet

If you’re facing a separation or divorce, here are some steps that can strengthen your claim to keep your pet:

Microchipping
Ensure your pet is microchipped and registered under your name. This serves as a strong proof of ownership.
Ownership Documentation
Keep records like adoption papers, veterinary receipts, and licensing documents in your name. These documents help establish legal ownership.
Financial Responsibility
Show proof that you’ve been financially supporting the pet—through vet bills, grooming, food purchases, and other expenses. These records demonstrate your role as the primary caregiver.
Written Custody Agreement
If possible, create a written agreement outlining custody arrangements before disputes arise. Courts are more likely to honor formal agreements than verbal ones.
Proof of Care
Provide evidence, such as witness statements or photos, that demonstrate you’ve been the pet’s main caregiver. This reinforces your commitment to the pet’s well-being.

Tips for Couples Navigating Pet Custody Disputes

If you and your partner are facing a separation or divorce and are concerned about who will keep the pet, there are steps you can take to make the process smoother:

Create a Pet Custody Agreement: It’s best to have an open discussion about your pet’s future early on and create a written agreement. This could outline shared custody or visitation rights and address financial responsibilities for the pet’s care.
Consider Mediation: Mediation can be a helpful way to resolve pet custody disputes without the stress of a courtroom battle. An experienced mediator can help both parties reach a fair agreement that keeps the pet’s best interests in mind.
Prioritize the Pet’s Well-Being: While emotions run high during a divorce or separation, it’s important to think about what’s best for your pet. Stability, continuity of care, and the pet’s emotional needs should be top considerations when making decisions.

How Juzkiw Law Can Help

Navigating pet custody disputes can be emotionally draining, but you don’t have to go through it alone. At Juzkiw Law, we understand that pets are more than just property—they’re family. That’s why we provide personalized legal solutions that consider your emotional attachment and the well-being of your pet.

We know how important it is to resolve pet custody issues fairly and effectively. Whether you’re negotiating a pet custody agreement, entering mediation, or preparing for court, our team has the expertise to guide you through every step of the process. With a proven track record of success and a client-centered approach, Juzkiw Law is dedicated to ensuring the best possible outcome for both you and your pet.

Find Out More

Pet custody is an often overlooked but emotionally charged issue in divorce and separation cases. While the law in Canada views pets as property, their importance to families can’t be underestimated. Understanding the legal framework and working with an experienced lawyer like Juzkiw Law can help ensure a fair and compassionate resolution that protects both your rights and the well-being of your pet.

If you’re facing a pet custody dispute, contact Juzkiw Law today to get the legal support and guidance you need to navigate this difficult time.

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Canadian Spousal Support Guide: The Facts You Need to Know

Fri, 22 Jan 2021 19:57:36 +0000

Though beginning with the best of intentions, at or near half of all marriages in Canada will end in separation or divorce. There are a number of potential legal issues that can come up during these periods. One of the most significant is the subject of spousal support.

What Is Spousal Support?

Spousal supports are payments from one spouse to another after a separation or divorce in order to financially support the dependant spouse. This consists either of monthly payments intended to help the recipient spouse maintain a decent standard of living after the parties dissolve their marriage or receipt of lump sum spousal support which circumvents the burden of paying ongoing periodic monthly spousal support.

Spousal Support Calculation

Spousal support is calculated on a mathematical formula known as the “Spousal Support Advisory Guideline” (or the “SSAG”). Although the SSAG is not law, Canadian courts have determined calculations using the SSAG are quite convincing and thus are regularly used to determine the amount and duration of spousal support. The SSAG does not deal with entitlement to spousal support (that depends on tests as set out in respective provincial Divorce and Family Law Acts). Once entitlement is ordered by a Canadian Family court, the SSAG is then used to determine the amount and duration of spousal support.

The formula considers the following factors:

Party ages
Party incomes
Relationship duration
The number of children in the relationship and their ages etc

Two formulas are used in the SSAG. One is called “With Child Support,” and the other procedure is called “Without Child Support”, with the amount of spousal support altering if the payor has a child support obligation. Spousal support is based on the difference between the two parties’ gross income for each year of marriage, with the duration of support based on the marriage’s length.

一些 “With Child Support” model of spousal support places more emphasis on the children’s rights to have financial security before considering the spouse. For divorced or separated couples with limited financial resources and who have children, alimony payments can be reduced first to meet the children’s needs.

The formula used to calculate spousal support with this model relies heavily on the Individual Net Disposable Income (INDI) for each party. Factors that influence duration in the “With Child Support” model include the recipient age, the duration the youngest child would take to finish high school, and marriage length.

Requirements for Alimony Payments

There are three types of spousal support:

Contractual Spousal Support: A settlement between spouses that is usually drafted within separation agreements.
Compensatory Spousal Support: Support that assists both parties and may be proposed if an economic handicap is created due to the marriage.
Non-Compensatory Spousal Support: spousal support made for the financial aid of the recipient spouse.

When deciding if a spouse is eligible to receive spousal support from the other, the criteria a judge considers includes:

Marriage duration
Each spouses’ financial income and resources accumulated during the marriage
Spousal roles during the years they were married
If there are any children with whom parent they will reside
If the supported spouse will be self-sufficient within a realistic period.

Hiring a Spousal Support Lawyer

Due to the complexity of the formula, computer software is required to calculate the SSAG. As a result, it is best to consult with an experienced spousal support lawyer who can make the necessary tabulations fairly, accurately, and in your best interest. Speak to Juzkiw Law about your spousal support concern today. If you have more questions about 家庭法 visit our frequently asked questions or call us today.

How to get a divorce in Canada? Step by Step

Fri, 18 Dec 2020 18:21:45 +0000

To get a divorce in Canada, you need to follow the Federal Divorce Law. Some specific procedures need to be followed and documents are required to start the divorce application process. Below is a step-by-step procedure guide on how to get a divorce in Canada.

The first step is to decide if you want a Divorce and separation from your spouse.
Gather a divorce application and the required forms as each province and territory has its requirements. You can gather legitimate forms by asking a lawyer.
Find on what grounds you want to file a divorce like no-fault or for a fault divorce.
- Fault Divorce – It is filed under the grounds of cruelty or adultery, which means that a spouse is trying to provide others’ fault solely in their marriage breakdown. Firstly, you need to gather the required documents as the courts will be requiring proof of exactly what happened, which confirms the claim. A legal representation is suggested to cover all the aspects of this claim. On the other hand, “Fault Divorce” are costly and consumes more time. Secondly, it is crucial to prove that under what grounds you file a divorce and under what reasons your marriage has broken down. This seems complex; we recommend you have a consultation with a family law lawyer describing your situation, so you get the best and accurate help
- No-Fault Divorce – You do not need to wait to be separated for one year to apply for a divorce in Canada, as you can start an application process as soon as you and your spouse are separated. It is an inexpensive and easy way to obtain a divorce. Courts can only grant you divorce when your one-year separation is completed. Separating for one year means you and your spouse must be living separate lives. Living in a different house can be an easy way to do it. However, if living in a separate house is not possible due to financial reasons or childcare, you can also continue living in the same house but not as a couple. For more information and assistance, please contact our family law lawyer for advice.
Find if your divorce is uncontested or contested to specify the type of divorce on your divorce application.
- Uncontested Divorce: If both partners agree to the terms and reasons for the divorce. This type of divorce only requires one application.
- Contested Divorce: If both partners don’t agree on the terms and reasons for the divorce. In this case, a separate divorce application needs to be filed from both spouses.

You can include an outline in your parenting agreement, support, custody if there are children involved in it. If the divorce is contested, each spouse will need to provide their preferences. On the other hand, you need to outline your agreed arrangements in terms of uncontested divorce.
File your divorce application at the courthouse in your province/territory of residence, or you can take the help of a family law lawyer. You need to pay the respected fee associated with your application. Moreover, you also need to complete if any
You can include an outline in your parenting agreement, support, custody if there are children involved in it. If the divorce is contested, each spouse will need to provide their preferences. On the other hand, you need to outline your agreed arrangements in terms of uncontested divorce.
File your divorce application at the courthouse in your province/territory of residence, or you can take the help of a family law lawyer. You need to pay the respected fee associated with your application. Moreover, you also need to complete if any additional formalities requested according to your province/territory of residence.
It would be best if you waited for clearance from the divorce registry located in Ottawa. Follow the court procedure and conduct your services accordingly. Once the divorce papers have been served to your spouse, then He/She has 30 days from the day of doing to respond to the divorce application.
If you get no response from your spouse after 30 days of your filing, you can set down your divorce with the Court by submitting your divorce order, affidavit for divorce, and clerk’s certificate
After all the steps are done, you have to wait for the Court to grant you a divorce. If the judge is satisfied with the provided application and supported documents, they will issue a divorce order.
Once you get your divorce certificate 30 days after the divorce order is granted, you will be legally divorced and entitled to get remarried.

You are likely to face problems such as child support, child custody and sharing of assets during the divorce process. Seeking legal help can save you from hassles and ensure that your rights are protected and you get the best advice. Consult the most frequently asked questions about 家庭法 or call us.

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Disclaimer: This article is for educational or informational purposes only and does not represent any legal advice. Legal advice may vary in a particular case.