Stratford Divorce & Family Law Blog

The Point Having an emotional connection with the pet is not enough to establish ownership.  A Dog and Two Lawyers Two years ago, a decision came out that decided who got the dog in a separation. I find it interesting because of how the dispute started and that fact that there was only one dog but two people arguing over it.  In a previous post, I wrote about a case that had two dogs in dispute during a separation, and each partner ended up receiving one dog each. The judge seemed to take a broad approach to deciding. There is also an intuitive dimension where it's easier to say, 'Keep one each and call it a day.' But in the case I'm about to introduce, the dog could not be split two ways and it appears that the classic way of finding out who owns something was used by the judge to decide who got to keep the dog. The classic way is finding out who is the registered owner (or, who is on title).  In this case , the dog was a Boxer named Layla.  Photo credit: IslandHopp...

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...

Family Law Court Process If you start litigation in your family law matter, or if you are served with a court application or motion to change, there are several major steps along the road toward a judicial decision: Step 1: The Application Unless you have a court order or a signed contract, the way in which you would begin the court process is through an application. In discussion with your lawyer, you would decide what claim(s) to make and list the facts that you intend to rely on to support the claim(s).  If you are making claims that involve support or property, you will also have to prepare a financial statement that accompanies the application. Your lawyer will help you identify which type of financial statement and to gather the required supporting documents, which we generally call "disclosure." If your application includes a claim for decision making responsibility, you will also have to swear to a document called an affidavit for parenting matters, which sets out inf...

Marriage Contracts These contracts are for those who are planning to get married (pre-nuptial) 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 married spouse receives an equal share, regardless of who paid more of the expenses such as the down payment or mortgage loan, or even whether the down payment came from an inheritance.  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 w...