Ask that animals’ interests be taken into account in the event of a separation or divorce.
Most Quebecers consider their companion animals to be full-fledged family members. However, animals are currently subject to the same rules that apply to property under Quebec family law. When a couple with an animal separates and there’s a disagreement about who should keep the animal, courts rule on this issue without taking into account the animal’s interests or the animal’s attachment to one spouse or the other.
Several jurisdictions, including Switzerland, Spain, nearly a dozen US states and, most recently, the province of British Columbia, have passed laws requiring courts to consider the interests of animals when ruling on their custody in the event of separation or divorce. This is not yet the case in Quebec.
Send this letter to the government and the main political parties to ask them to commit to making the necessary amendments to Quebec’s Civil Code.
With the highest risk of break-up around the fourth year of the relationship. Furthermore, one-third of divorces in Canada occur within the first seven years of marriage and more than half of unions do not make it past the 12-year mark.
Additionally, the number of divorced people in Canada increased by 46% between 2000 and 2021.
A relationship with an animal: on average, longer lasting than a marriage
In contrast, domestic cats can be expected to live 15 years, while dogs live 11 years on average. This data means our relationships with our companion animals has the potential to last longer than our romantic partnership.
It is therefore important to plan how the custody of an animal will be decided in the event of a separation or a divorce.
Pending changes to the law, the Montreal SPCA is offering a free downloadable contract that allows couples to decide in advance how their animal’s custody will be determined in the event of a separation.
And since (almost) everyone breaks up, fill out an animal custody agreement as of now.
Frequently asked questions
If we don’t sign a contract, how will our animal’s custody be determined in the event of our separation or divorce?
In the event of separation or divorce, animals are subject, by default, to the same rules as those applicable to movable property. In the event of disagreement regarding an animal’s custody, it is therefore the spouse who acquired the animal, i.e., who actually made the purchase or signed the adoption contract, who is entitled to claim ownership. The courts do not take into account the interests of the animal, or even their attachment to one member of the couple or the other, when deciding on their custody in the event of their guardians’ separation or divorce. To help change the law, sign our letter!
Why are animals considered movable property in the event of separation or divorce, even though the Civil Code of Québec has given them the status of sentient beings?
In 2015, Quebec’s National Assembly unanimously passed the Act to improve the legal situation of animals, which amended the Civil Code of Québec to recognize that “animals are not things,” but rather “sentient beings” with “biological needs.” Despite this reform, when it comes to conjugal matters, animals continue to be subject to the same rules that govern movable property. To remedy this inconsistency and ensure that the custody of an animal is decided based on their interests as a sentient being, sign our letter!
What is the legal value of the SPCA contract?
As with any agreement concerning the division of movable property, spouses can determine ahead of time, in a written contract, what they wish to do. In the absence of factors that could lead to the cancellation of a contract, such as a defect of the free and informed consent of one of the parties, the courts will respect the contract in the event of a dispute.
