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HORMÉ AVOCATS
Serris, France

Founded in 2019
4 people in their team
English
HORMÉ AVOCATS is a multidisciplinary law firm based in Serris, in the Val d'Europe area of Seine-et-Marne. The firm advises and represents individuals, professionals, small and medium-sized businesses, liberal professions and company directors across a range of legal matters.The firm's practice is...
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How collaborative practice works for people in Serris

Collaborative practice is a negotiated legal process in which each participant appoints a specially trained lawyer. The lawyers help the parties reach a written agreement without asking a judge to decide every issue.

In Serris, the process commonly concerns divorce, separation, parental arrangements, child support, and division of assets. Local matters may involve property in Serris or the Val d'Europe area, differing work locations, and arrangements for children attending schools in Seine-et-Marne.

Each person receives independent legal advice. The parties usually sign a participation agreement covering disclosure, respectful negotiation, confidentiality, and the lawyers' withdrawal if the process breaks down. Any agreement must still comply with French law and may require court approval or formal filing.

When you may need a lawyer for collaborative practice

  • Divorce or separation: You need help resolving housing, maintenance, child arrangements, and financial issues while avoiding a fully contested case before the Tribunal judiciaire de Meaux.
  • Parenting arrangements: You and the other parent need a practical schedule for school, holidays, transport, and decision-making for children living in Serris or nearby communes.
  • Division of property: You need advice about a jointly owned home, mortgage, savings, pension rights, or other assets following separation.
  • Business or professional interests: A separation involves shares, a family business, self-employment income, or professional assets that require careful valuation and tax advice.
  • Cross-border family circumstances: One person lives or works outside France, or the family has foreign nationality, property, income, or travel arrangements.
  • Negotiations that have stalled: Direct discussions have become hostile, but both sides still prefer a structured settlement with legal advice rather than immediate litigation.

French laws relevant to collaborative practice in Serris

There is no single French statute creating a separate court procedure called collaborative practice. The process is generally based on contractual negotiation, lawyers' professional duties, and the ordinary rules governing family agreements and amicable dispute resolution.

The Code civil, including its provisions on divorce, parental authority, maintenance, and transactions, governs the substance of any settlement. A transaction is regulated principally by Articles 2044 and following, subject to mandatory rules and any required judicial approval.

The Law no. 2016-1547 of 18 November 2016 on the modernisation of justice in the twenty-first century promoted amicable dispute resolution. The Decree no. 2019-1333 of 11 December 2019 reforming civil procedure, effective largely from 1 January 2020, also amended the framework for amicable resolution and the procédure participative. That procedure is distinct from collaborative practice, although both use structured negotiation with lawyers.

Frequently asked questions about collaborative practice in Serris

Do both people need a lawyer?

Yes. Each participant should have a separate lawyer who advises only that person. One lawyer cannot independently represent both sides where their interests may conflict.

Is collaborative practice available for divorce in Serris?

Yes, couples in Serris may use a negotiated process for divorce-related issues, subject to French divorce rules. The final arrangements may need to be included in the divorce documents and approved by the appropriate court or formalised by the relevant professionals.

Can collaborative practice decide where children live?

Parents can negotiate residence, contact time, holidays, schooling, travel, and financial contributions. Any arrangement must protect the children's interests and cannot override mandatory rules or a judge's powers.

What happens if negotiations fail?

The participation agreement commonly provides that the collaborative lawyers will stop acting if the matter becomes contested. Each person then appoints new litigation counsel if court proceedings are necessary.

How much does a collaborative lawyer in Serris cost?

Fees vary according to the lawyers' rates, the number of meetings, document complexity, financial disclosure, and whether accountants, mediators, or notaries are involved. Request a written fee agreement explaining hourly rates, estimated stages, meeting costs, and disbursements.

How long does the process usually take?

A straightforward matter may conclude after several meetings over a few months. Property valuation, business interests, international issues, disagreement about children, or incomplete financial disclosure can extend the timetable.

Is the process confidential?

Negotiations are generally conducted within the confidentiality obligations agreed by the participants and the professional secrecy rules applying to lawyers. The participation agreement should explain what information may be used later if the process ends.

Can a judge approve the agreement?

Some family agreements can be submitted for judicial approval or incorporated into divorce proceedings. The court will apply the legal requirements for the particular application and may refuse terms that breach mandatory law or fail to protect a child's interests.

Is collaborative practice the same as mediation?

No. Mediation uses an independent neutral mediator who does not represent either participant. Collaborative practice gives each person a lawyer, with the lawyers negotiating together and advising their own clients.

Is it the same as procédure participative?

No. Procédure participative is a specific process recognised by the French Code civil and Code de procédure civile. Collaborative practice is a lawyer-led negotiated process, usually governed by a participation agreement, and its exact structure should be explained before engagement.

Can one person use collaborative practice without the other person's consent?

No. The process depends on both sides agreeing to participate and exchange information in good faith. If the other person refuses, ordinary negotiation, mediation, procédure participative, or court proceedings may be considered.

Can collaborative practice handle assets outside France?

It may help negotiate a global settlement, but foreign property, pensions, tax, and enforcement issues require advice in the relevant jurisdiction. A Serris lawyer should identify those issues before any final agreement is signed.

Official resources for people in Serris

  • Tribunal judiciaire de Meaux: The court with territorial responsibility for many civil and family matters affecting Serris. Its services can provide procedural information about family applications, filings, and hearings, but not legal advice.
  • Conseil départemental de l'accès au droit de Seine-et-Marne: This official access-to-law organisation supports public information and may direct residents toward legal information points and eligibility-based assistance.
  • Justice.fr: The French Ministry of Justice's official public portal provides information about divorce, parental authority, amicable dispute resolution, legal aid, and court procedures.

Steps to find and hire a collaborative lawyer in Serris

  1. Define the issues. List the decisions requiring agreement, such as children, housing, maintenance, business interests, debts, and assets. Allow one to two days for this initial preparation.
  2. Collect core documents. Gather identity documents, marriage or civil-status records, tax notices, payslips, bank statements, loan details, property documents, and child-related information. This commonly takes one to three weeks.
  3. Search for suitable lawyers. Contact lawyers serving Serris, Meaux, and the wider Seine-et-Marne area who expressly offer collaborative practice and family-law advice. Confirm that each person will have separate representation.
  4. Compare initial consultations. Ask about training, relevant family and financial experience, availability, likely stages, withdrawal arrangements, and coordination with a notary or other adviser. Arrange consultations promptly, usually within two to four weeks.
  5. Check fees in writing. Obtain a convention d'honoraires or other written fee agreement stating rates, estimated work, expenses, VAT where applicable, and payment terms. Ask whether legal expenses insurance or legal aid may contribute.
  6. Confirm suitability with the other participant. Both sides must freely agree to the process and sign the participation agreement after receiving independent advice. Do not sign before understanding disclosure, confidentiality, lawyer withdrawal, and urgent-protection provisions.
  7. Start structured negotiations. Prepare financial disclosure, identify settlement priorities, and schedule the first joint meeting. If urgent safety, child-protection, asset-preservation, or limitation issues exist, ask the lawyer about immediate court measures before negotiations begin.

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Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

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