Our family law team has the specialist experience to guide you through divorce, separation and disputes. We know that legal issues involving your family, and especially disputes involving children, are deeply personal and sensitive. We treat every person with care and respect. Switalskis specialises in a non-confrontational approach to every case, which keeps stress low and protects any children involved.

Our family lawyers advise clients on a wide range of family law services. This includes:

• Divorce and separation: we help you navigate the legal process to end a marriage or civil partnership.
• Financial arrangements: we work to secure a fair financial settlement that protects your future.
• Child arrangements: we help you agree on where your children will live and how they will spend time with each parent.
• Nuptial agreements: we draft pre-nuptial agreements and post-nuptial agreements to protect your assets.
• Cohabitation: we help unmarried couples create a cohabitation agreement to clarify their rights.
• Domestic abuse: we provide urgent support to protect you and your children from harm.

Our team in York is highly regarded for its work in family law and its exceptional client care. We have a highly professional approach and a track record of achieving the best outcome for our clients. When you call us, we'll start with a free initial consultation during which we can get to know you and understand what you want to achieve.

Once we've discussed your situation, we'll advise you on your legal options, and the best ways to achieve your desired outcome. In many cases, we can resolve disputes amicably and without the need for legal action. However, where necessary, we are ready to represent your interests in court and fight for the resolution you deserve.

Divorce

Recent changes to the law introduced no-fault divorces, where one or both parties can apply for a divorce without assigning blame to either. You only need to state that the marriage has broken down irretrievably, which can reduce conflict and make the whole process calmer and more constructive.

Our divorce lawyers will help you with the application, whether you apply on your own or as a joint application with your spouse. Once the application is submitted, there is a 20-week period during which we can negotiate a financial settlement and arrangements for any children, before applying for a Conditional Order. Our divorce solicitors will make sure every step is handled correctly and work to secure the best possible settlement for your needs.

Separation agreements

In some cases, a couple decides to separate but is not ready for a formal divorce. In these cases, we can prepare separation agreements, which are legal documents that outline how you will handle your finances and children while living apart. They provide clarity and prevent property disputes later on. Our York family lawyers have extensive experience in drafting these agreements.

A separation agreement prepared by our team will determine which partner will stay in the family home and how bills are to be paid. It also sets out initial child arrangements, and while these agreements are not always strictly binding in a final divorce, they can carry significant weight because they show the court what you both intended at the time of separation. Our family law solicitors will make sure your agreement is fair and robust.

Child arrangements

When you separate, arrangements must be made for your children, and it is best if parents can agree on child arrangements between themselves. This includes where the children will live and how often they will see the other parent. If you cannot reach an agreement informally, we can help with mediation. We always encourage a constructive approach to these discussions and can help you to secure the wellbeing of your children during these conversations.

If mediation does not work, you can apply to the family court for a child arrangements order. The court will always put the child’s best interests first. Our family law solicitors have extensive experience in children cases and will ensure your voice is heard. We also handle complex cases like child abduction or care proceedings, and help you to maintain your parental responsibility.

We know how sensitive these matters are, and can support you in navigating the rules of the family court and explain what the judge will look for. Our family law team is committed to finding the best arrangement for your children's long-term happiness, and will aim to maintain healthy relationships with both parents whenever possible.

Financial settlements

Splitting your finances is a vital part of the divorce process, and doing so formally before the process concludes can protect you from later claims made by your partner. A financial settlement covers things like the family home, pensions and savings. Our family law solicitors are skilled at handling these financial matters, including where they involve high-value assets or complex ownership (such as when managing farming assets).

Our family law team in York advises clients on how to reach a fair split, and what to do with significant assets that cannot be divided easily. We will look at all the financial aspects of your marriage and reach agreements through negotiation or mediation. If an agreement is reached, we will draft a consent order to make the agreement legally binding. If an agreement is not possible, we will represent you in court proceedings to get a financial order. In circumstances involving children, issues with finances can have serious implications, and we will work to settle matters fully in a way that is fair to all parties.

Pre-nuptial and post-nuptial agreements

Nuptial agreements are a way to outline how your property and money would be split if you ever separated, and are becoming increasingly popular in the UK. The options are a pre-nuptial agreement, which is made before you marry, and a post-nuptial agreement that can be made at any time after the wedding.

While they are sometimes viewed as unromantic, these documents have a practical purpose when it comes to dealing with assets. However, they are not legally binding, and to be taken into account by the court during a divorce or dissolution, certain criteria must be met, including that the parties sought independent legal advice before signing the document.

The solicitors at Switalskis in York have an excellent service record in drafting these documents in a way that protects assets, sets out your position clearly. Our family law solicitors will explain the legal requirements to make the agreement as strong as possible, and increase its chances of being relied upon by the court when determining a financial settlement.

Cohabitation agreements

If you live with a partner as an unmarried couple, you have fewer legal rights than married couples. A cohabitation agreement is a legal document that sets out who owns what and how you will split things if you separate, in much the same way as decisions would be made during a divorce. It can cover the family home, bills and even what happens to pets. Our York family lawyers can create an agreement that gives you peace of mind as a practical way to avoid future conflict.

Supporting victims of domestic abuse

Domestic abuse can be physical, emotional or financial. If you are suffering from any form of domestic abuse, Switalskis can help. Our family law team provides urgent and empathetic support to victims across North Yorkshire. We understand the bravery it takes to seek help.

We will help you apply for injunctions to keep your ex-partner away from you and your home, such as non-molestation orders or occupation orders. We can also help with child arrangements to keep your children safe, and help you to apply for legal aid where this is available. We will act quickly to get the protection you need. You are not alone, and we are here to help you find a safe way out.