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Serving Hamilton and the Greater Toronto Area on Ontario legal matters 905-525-0400
Lawrence J. Cohen, K.C.  |  Joshua S. Cohen Barristers & Solicitors  ·  Hamilton

Practice Area

Family Law

Clear guidance through separation, parenting, support and property decisions.

Discuss a Family Law Matter

Family law decisions can affect where you live, how children are cared for, your monthly finances, property accumulated over years and the shape of future relationships. Legal rights matter, but so do timing, communication, evidence and the ability to reach a workable arrangement.

Lawrence and Joshua help clients understand the legal framework, organize the financial and parenting issues, and choose a process suited to the family’s circumstances. We negotiate and prepare domestic agreements, participate in mediation and represent clients in court where necessary.

Separation and divorce

Separation can create immediate questions about the home, children, expenses, accounts, property and communication. Early advice can help identify urgent issues, preserve documents and prevent informal arrangements from creating unintended consequences.

We assist with:

  • Advice before or after separation
  • Separation agreements
  • Uncontested and contested divorce
  • Interim arrangements and urgent issues
  • Negotiation, mediation and court proceedings
  • Variation and enforcement of agreements or orders

Parenting

Parenting arrangements should address the child’s needs while providing enough clarity for day-to-day life. Ontario law uses the terms decision-making responsibility, parenting time and contact.

We assist with:

  • Parenting schedules
  • Decision-making responsibility
  • Holiday, travel and communication arrangements
  • Mobility and relocation issues
  • Parenting plans and consent terms
  • Changes to existing parenting arrangements
  • Court orders where agreement is not possible

The focus is not on gaining time from the other parent. It is on creating or seeking an arrangement consistent with the statutory test concerning the child’s interests and workable for the family.

Child and spousal support

Support questions require accurate financial information and careful application of the governing law and guidelines.

We assist with:

  • Child support
  • Special or extraordinary expenses
  • Spousal support
  • Income determination
  • Self-employment and business income
  • Disclosure and financial statements
  • Retroactive support
  • Changes to existing support
  • Enforcement-related issues

Property and the matrimonial home

For married spouses, Ontario’s equalization system generally addresses the growth in net family property during the marriage. The matrimonial home receives special treatment. Common-law partners do not have the same statutory property regime, although other claims may be available depending on the facts.

We assist with:

  • Net family property and equalization
  • Valuation-date and disclosure issues
  • Matrimonial-home possession and sale
  • Pensions, businesses and professional interests
  • Debts and contingent liabilities
  • Excluded property and tracing
  • Property claims between unmarried partners
  • Real estate transfers connected with separation

Domestic contracts

Domestic contracts can clarify rights and expectations before or during a relationship, or record a settlement after separation.

We assist with:

  • Marriage contracts
  • Cohabitation agreements
  • Separation agreements
  • Review of proposed agreements
  • Independent legal advice
  • Enforcement and challenges

Each party should have complete financial disclosure and independent legal advice. An agreement should be tailored to the couple’s actual circumstances rather than treated as a generic form.

Choosing a process

  1. Negotiation

    Lawyers exchange disclosure, identify issues and work toward written terms.

  2. Mediation

    A neutral mediator helps the parties try to reach agreement. Each party should obtain independent legal advice.

  3. Collaborative process

    Where appropriate and agreed, the parties and professionals commit to a structured, non-court process focused on settlement.

  4. Court

    Court may be needed to obtain disclosure, protect a child or property, resolve an urgent issue, enforce obligations or decide questions the parties cannot settle.

The right process depends on safety, urgency, power balance, disclosure, complexity and the willingness of both parties to participate meaningfully.

What to bring to a family law consultation

  • Marriage certificate and date of separation, if known
  • Existing agreements, orders or court documents
  • A summary of parenting arrangements
  • Recent income tax returns and notices of assessment
  • Recent pay statements or business financial information
  • Lists of assets and debts at marriage and separation
  • Pension, investment, mortgage and property information
  • Important written communications
  • A chronology of major events

Common questions

How we approach the work

  • Attention to the history, documents and immediate deadlines
  • A clear explanation of the legal and practical issues
  • Proportionate steps directed to the client’s objectives
  • Ongoing review as the facts and circumstances develop
Do I need to go to court to separate?

No. Separation occurs when a relationship ends; it does not require a court order. Legal issues can often be resolved in an agreement. A court process may be needed where urgent protection, disclosure, enforcement or a decision is required.

Is property divided the same way for married and common-law spouses?

No. Ontario’s statutory equalization regime generally applies to married spouses. Common-law partners may have other property or trust claims, but the analysis is different.

How is child support determined?

Child support usually begins with the applicable Child Support Guidelines and the payor’s income, along with parenting arrangements and other relevant circumstances. Additional expenses and income issues can require further analysis.

Can a parenting arrangement change?

Yes, by agreement or, where the legal test is met, by court order. The analysis will focus on the child’s circumstances and the statutory test concerning the child’s interests.

What should I do before leaving the family home?

Obtain advice if possible, especially where children, safety, possession, finances or property rights are involved. Immediate safety comes first. Leaving the home does not by itself determine every legal issue, but the practical effects can be significant.

Begin with the facts that matter

Share a brief, non-confidential account of the issue, the people involved and any approaching deadline. We will consider whether we can assist and explain what should happen next.

Request an Appointment

Bring the issues into focus

Contact Lawrence or Joshua for advice about separation, parenting, support, property or a domestic agreement.

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