Family Law Case Studies York

Assisting York clients with family law cases

Stowe Family Law can assist people in York and throughout Yorkshire who are dealing with family law issues such as divorce, financial settlements, and child custody arrangements.

Led by Managing Partner Christopher Birch, the team strives to provide great client care, sound legal representation, and the best possible outcomes.

Whether you are going through a difficult divorce, struggling with asset division, unable to decide on child custody, or dealing with post-divorce arrangements, the York family lawyers can assist you.

Making child custody arrangements legally binding

While the term "custody" was changed over a decade ago and no longer has any legal meaning, it is still commonly used when describing child  arrangements after a couple divorces.

The York team regularly assists separated parents in Yorkshire who are unable to agree on the terms of their child custody arrangements.

For example, they recently represented the father of two young children who had negotiated child custody arrangements with the mother but was not following through on them.

After ten years of marriage, the couple divorced after the wife had an affair and left to live with her new partner, who also had young children.

The parents had agreed to divide child care on a rolling four-day basis, but the mother had begun failing to show up to collect the children or return them early to their father unannounced. This upset the children.

Following a meeting with Stowe's York family lawyers, it was determined that the best course of action would be to petition the court for a child arrangement order, establishing a more formal framework.

Using their knowledge of child law, the team devised a child arrangements plan that was in the best interests of the children and met the needs of both parents.

This was brought to court, and following legal proceedings, the court issued a child arrangements order reflecting the agreed child custody arrangement.

Having a formal arrangement in place has benefited the children by providing consistency and routine in their lives, as well as improving relations between the parents.

What happens if you can't agree on how to divide household items?

Many divorcing couples must decide whether to sell the family home and divide its contents. The divorce team in York helps many clients who are struggling with this common source of contention.

The law does not specifically address the division of household items following a divorce. Any assets accumulated or acquired during the marriage are usually added to the marital pot and fairly divided.

The division of household items was proving to be a sticking point in the financial settlement agreement for a recent York client.

The couple decided to divorce after a 20-year marriage. It was agreed that our client, the father, would move out of the family home and into rented housing, while the mother would stay with their two young children until the youngest reached the age of 18.

The house would then be sold, with any equity split 50/50.

Because our client moved into unfurnished housing, he needed some household items, such as furniture and electrical items. Despite this agreement, the couple couldn't agree on how to divide these items.

The team advised the client to make a list of every household item in the house, along with its estimated value, and to keep track of any gifts and purchases made prior to the marriage.

The team now had a specific list to work with, and they assisted the client in considering his options and deciding on the most equitable way to divide the items.

After drafting a proposal, our York family lawyers collaborated with the opposing legal team to reach a fair compromise that met everyone's goals. The details were then included in the consent order to ensure compliance, and the household items were divided between the ex-couple.

How should the family home be divided?

The division of property as part of a divorce settlement is a common issue for Stowe’s York divorce lawyers.

The family home is frequently the most valuable asset to divide in a divorce, but it also has significant sentimental value and emotional attachment, and it can quickly become a source of conflict in a divorce.

The family law team worked on one such case involving the division of a stunning detached house in the outskirts of York. 

Both parties were very attached to the family home and wanted to remain living there. To keep things consistent for their children, aged 14 and 11, the couple continued to live there together, but it was difficult and unsustainable.

When direct negotiations failed, the team suggested mediation to help the couple reach an agreement.

Meanwhile, our family solicitors collaborated with the client to develop a clear picture of the cost of keeping the family home, particularly in light of the recent cost-of-living crisis.

With a thorough understanding of the expenses, our client realised they could no longer afford to buy out the other party and the house's running costs, and instead needed to consider other options for property division.

Taking the matter to mediation, both parties agreed that it was best to sell the family home and split the equity 50/50. This generated enough capital for them to buy houses close to each other that met the needs of the family and the children. 

Contact Stowe Family Law in York today

Stowe Family Law is the largest family law firm in the UK, with over 70 offices across England and Wales. 

They provide assistance to people coping with the problems caused by a relationship breakdown at their York office, one of several offices assisting clients in the Yorkshire  region.

The team support their clients to divorce amicably, reach a fair agreement on a financial settlement, and help make arrangements for children.

Our York office can be found in Tower House Business Centre just south of York City Centre. If you’re travelling by rail, it’s a 25-minute walk from York Train Station. There is some on-street parking in the surrounding streets and Q-Park Barbican is just a 4-minute walk away.

Our York family solicitors can be contacted on 01904 202388.