Toronto Family Law
Clear, Strategic Direction for a Safer Future — Family Law Toronto
Family law carries deep emotion, uncertainty, and fear-especially when children or safety are involved. At Smithen Family Law, we meet you with compassion, clarity, and strategy. You are not expected to face this alone. We help you understand your options, protect your rights, and take steady steps toward a safer, more hopeful future.
WHAT WE DO
Your Rights Under Ontario Law
Three key statutes govern family law in Canada and Ontario. Kathryn relies on and uses all three to protect her clients’ rights.
THE FAMILY LAW ACT governs equalization, the matrimonial home, property division, spousal support, restraining orders and domestic contracts for married couples. The sections of the Family Law Act regarding equalization and the matrimonial home do not apply to common-law relationships. It establishes the equalization regime unique to legal marriages and provides special protections for the matrimonial home that only legally married couples can rely on in family law cases.
THE DIVORCE ACT applies to married couples seeking divorce anywhere in Canada. It covers grounds for divorce, parenting arrangements, child support, and spousal support. Recent amendments emphasize the interconnectedness of family violence and the best interests of the child.
THE CHILDREN’S LAW REFORM ACT addresses custody, access, restraining orders and child protection for all parents in Ontario — married, common-law, and unmarried. It establishes the best interests test and provides mechanisms for enforcing parenting orders.
WAYS WE SUPPORT YOU
When to Hire a Family Lawyer
Many women wait too long to contact a family lawyer, hoping the situation will resolve on its own. Early legal advice can prevent costly mistakes and protect your rights from the outset. It can also ensure that you and your children find a safe place to move to before or after something dangerous happens involving your spouse.
Contact Kathryn immediately if: you are considering separation; your spouse has threatened to take the children; you suspect assets are being hidden or transferred; you have been served with court papers; your spouse has hired a lawyer; there is any form of abuse in the relationship; or you need to relocate with your children.
Even if you are not ready to take legal action, a confidential consultation can help you understand your options and plan your next steps to maximize your safety and protect your legal entitlements.
WHY CHOOSE US
A Family-Law Approach That Respects Your Experience and Protects Your Future
Family law matters can bring uncertainty, conflict, and emotional strain. Smithen Law understands the weight of these moments and provides clear, steady guidance to help you make informed decisions with confidence and peace of mind.
Our approach blends strategic legal insight with a deep understanding of family dynamics and the complexities that arise during separation or dispute. Whether your situation involves parenting issues, financial concerns, or questions of safety and stability, we help you create a path forward that reduces conflict, protects your interests, and supports long-term well-being for everyone involved.
Stories of Strength
What Our Clients Say
The most meaningful measure of our work is the lives rebuilt along the way. These stories reflect courage, trust, and the quiet victories that matter most when navigating family law and personal transformation.
She Worked Hard and Stayed With Me Through Everything
K. Smithen was attentive, professional, and dedicated throughout my case. She listened, answered all my questions, and fought for the best interests of me and my child. Her compassion and hard work made a difficult process easier. I strongly recommend her.
M.O.
Her Guidance Helped Me Feel Protected and Supported
Ms Smithen is professional and cares for her clients. I was able to focus in my situation and rely all the legal stuff to her. Due to her knowledge, I was able to secure a home for my kids. She offers good advice and makes sure the job gets done. Her rates are fair and the quality of her job is excellent. She is prompt to respond even on weekends or evenings. During the worst time of my life I felt protected and care for. Without her I would have been a mess. She is strong communicator and when in court she has a great presence and makes you feel comfortable in an unfamiliar environment. When sick you call a doctor. With a divorce you want her representing you.
L.K.
Her Team Supported Me Through Every Step With Grace.
Kathryn listened carefully to my situation and made me feel safe and supported. She and her team worked diligently, guided me with grace, and helped me stay focused during a difficult time. Her professionalism, strength, and compassion made a tremendous difference. I strongly recommend her.
WY Chan
Dedicated, Empathetic, and Truly Exceptional Representation.
Kathryn is dedicated, understanding, empathetic, and incredibly sharp. She represented me in family court with outstanding attention to detail. I felt heard, validated, and fully supported throughout the process. I am forever grateful for her hard work and commitment to my case.
MCF
Her Compassion and Integrity Helped Us Stand Again.
My divorce was extremely difficult, but Kathryn helped us land on our feet. She handled my case with exceptional compassion, professionalism, and attention to detail, protecting me and my children at every step. I am deeply grateful for her integrity and dedication. She is truly the right lawyer in hard times.
Asta Velyviene
She Helped Me Protect My Son and My Future.
Kathryn guided me through my divorce and child custody case with compassion and constant support. She kept me informed, answered every question, and helped me secure a fair agreement that protected my son’s special needs. Her judgment, creativity, and dedication made a difficult process manageable.
Paula Goncalves
Where Strength Meets Compassion
Protecting What Matters Most – You and Your Children.
Family law decisions can feel overwhelming, especially when emotions are high and children are involved. We provide calm, strategic guidance to help you make informed choices, protect your family, and move toward a safer, more secure future.
Support and Clarity
Frequently Asked Questions
Family law matters can bring uncertainty, conflict, and emotional strain. Smithen Law understands the weight of these moments and provides clear, steady guidance to help you make informed decisions with confidence and peace of mind.
Can I get a divorce without going to court?
Yes, if you and your spouse agree on all issues. An uncontested divorce does not require an in-person court appearance; however, where children are concerned, it requires that child support be addressed first. Kathryn drafts, files the application, and handles all paperwork where a matter is proceeded upon in an uncontested manner by both parties. The Order is issued through the online portal run by the family court system in Ontario. Most uncontested divorces are resolved without either party stepping into a courtroom.
How long do I have to file for property division after separation?
Married spouses must apply for equalization within six years of separation or two years after divorce, whichever comes first, to not lose out on their property rights. Missing this deadline can result in losing your right to an equalization payment and, in some cases, the entitlement to certain property rights. Contact Kathryn as soon as possible to protect your property rights.
What is the difference between the Family Law Act and the Divorce Act?
The Family Law Act is Ontario provincial law applying to all couples in Ontario, married and common-law although property law is not applied in the same way in married and common-law relationships. It governs equalization, the matrimonial home, property division, spousal support, restraining orders and domestic contracts. The Divorce Act is federal law that applies only to married couples seeking divorce and covers parenting, decision-making, and child and spousal support. Kathryn applies the correct statute based on your situation.
Your Next Step Starts Here
You Don’t Have to
Face This Alone
Whether you need immediate guidance or space to understand your options, we’re here to support you with clarity and compassion. Reach out, and let’s take the first step toward safety and resolution, together.
