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Founded in 1994
1 people in their team
English
Advokatfirman Rätt & Råd i Stockholm AB is a Stockholm-area law firm that has provided legal advice to small businesses and private individuals since 1994. The firm maintains a general practice focus, handling a broad range of everyday legal matters including business agreements, family law,...
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About Collaborative Law in Solna, Sweden

Collaborative law is a voluntary, structured process for resolving family-law conflicts - most commonly divorce, child custody, maintenance, and property division - without going to court. In Solna, as in the rest of Sweden, collaborative law relies on both parties working with specially trained lawyers who agree to negotiate face-to-face in a respectful, problem-solving way. If either party chooses to start court proceedings, the collaborative lawyers normally withdraw and the parties must hire new lawyers for litigation. The aim is to reach a negotiated settlement that fits the familys needs while reducing emotional stress, time and formal court costs.

Why You May Need a Lawyer

Collaborative law involves legal, financial and practical decisions that affect you and your family. A lawyer trained in collaborative practice helps in several common situations:

- You and your partner want to avoid court and seek a negotiated settlement in a divorce or separation.

- You need clear legal guidance on bodelning - division of property - and how marital property and separate property (enskild egendom) will be treated under the Swedish Marriage Code (Äktenskapsbalken).

- You face complex financial issues, such as business ownership, pensions, or cross-border assets that require legal knowledge.

- There are disagreements about child custody, parental responsibility, access or child maintenance under the Parental Code (Föräldrabalken), and you want solutions focused on the childs best interests.

- You want enforceable written agreements, with proper legal wording to avoid future disputes.

- There are language, immigration or international elements - for example when one parent is resident in another country - that make legal advice essential.

Local Laws Overview

Several areas of Swedish law are especially relevant to collaborative law matters in Solna:

- Marriage and Property: The Swedish Marriage Code (Äktenskapsbalken) governs divorce, marital property, and bodelning. It distinguishes between marital assets and separate property, affects how pensions are divided, and sets rules for handling debts.

- Children and Parenthood: The Parental Code (Föräldrabalken) sets out rules on custody (vårdnad), residence (boende), and access (umgänge), and prioritises the childs best interests. Decisions about parental responsibility and maintenance often need legal clarification.

- Divorce Procedure: Divorce itself is an administrative matter filed with the district court (tingsrätt) if required, but many couples in Sweden can settle practical issues between themselves. Collaborative law aims to avoid contested court processes.

- Registration and Civil Status: The Swedish Tax Agency (Skatteverket) records civil status changes like marital status and parenthood, and should be notified according to current administrative rules.

- Enforcement: If a collaborative agreement involves maintenance or financial obligations and one party fails to comply, the Swedish Enforcement Authority (Kronofogden) can be involved to enforce certain claims.

- Social Services and Child Protection: If child welfare concerns arise, municipal social services (socialtjänsten) in Solna may become involved. Collaborative agreements cannot override mandatory child-protection obligations.

Frequently Asked Questions

What exactly is collaborative law and how does it work in practice?

Collaborative law is a voluntary process where each party has a lawyer trained in collaborative methods. The team meets in a series of structured meetings to exchange information, identify interests and negotiate solutions. All parties commit in writing that if negotiations fail and a party chooses litigation, the collaborative lawyers will withdraw and new lawyers must be appointed for court proceedings.

How is collaborative law different from mediation?

Both are alternative dispute resolution methods that avoid court. In mediation, a neutral mediator helps the parties find agreement but does not provide legal advice. In collaborative law, each party has their own lawyer who gives legal advice during the negotiation. Collaborative meetings are lawyer-led and aimed at creating a legally sound settlement.

Is collaborative law recognised by Swedish courts or legally binding?

Collaborative agreements are private contracts between the parties. They are not automatically court orders, but they can be made legally binding by signing the appropriate agreements and, where appropriate, registering or submitting them to the court or authorities. For issues like child custody or child support, formal documents or court confirmation may still be needed depending on the circumstances.

What happens if negotiations fail during the collaborative process?

If negotiations fail and one party decides to start court proceedings, the collaborative agreement usually requires the collaborative lawyers to withdraw. This rule preserves the collaborative process integrity and requires the parties to hire new counsel for litigation. That consequence is an important incentive to keep negotiations focused on settlement.

How much does collaborative law cost in Solna?

Costs vary by lawyer, complexity of the case and number of meetings. Collaborative law can reduce time and courtroom expenses, but hourly fees for lawyers still apply. It is common to discuss fees and a cost estimate in the initial consultation. In some situations, legal aid (rättshjälp) may be available depending on income and case type.

Who pays the lawyers fees in a collaborative process?

Each party typically pays their own lawyer. Parties can agree on shared costs for neutral experts - for example a financial specialist or child specialist - and agree on how those costs will be divided. The payment arrangement should be discussed and documented early in the process.

How do I find a collaborative lawyer in Solna?

Look for lawyers with training in collaborative practice and experience in family law. You can search local law firms in Solna and Stockholm that advertise collaborative law services, check professional directories, and contact the Swedish Bar Association for guidance about qualified family-law attorneys. Initial consultations are useful to assess fit and process.

Can agreements reached in collaborative law be enforced if one party does not comply?

Yes - a written agreement is a contractual obligation. If one party breaches a financial obligation, the other can pursue enforcement through the Swedish Enforcement Authority where applicable. For parental responsibility matters, enforcement options depend on the nature of the agreement and whether a court order is required or advisable.

What documents should I prepare before a collaborative meeting?

Useful documents include identification, marriage certificate, any prenuptial agreements, recent tax returns, bank statements, information about real estate and loans, pension statements, employment contracts, company accounts if you own a business, and documents about children such as school information. Your lawyer will advise exactly which documents are needed.

Can children be involved in the collaborative process?

Direct involvement of children in negotiations is rare and generally not recommended. Instead, collaborative teams often use child specialists or child-inclusive practices where a neutral child specialist meets with the child separately and reports about the childs needs and perspectives in an age-appropriate way. The childs best interests should guide any decision.

Additional Resources

Below are local and national bodies and resources that can help when considering collaborative law in Solna:

- Solna kommun - municipal social services and family counsellors for child welfare and family support.

- Stockholm District Court (Stockholms tingsrätt) - court that handles family-law cases in the region when judicial proceedings become necessary.

- The Swedish Bar Association (Sveriges advokatsamfund) - for information about qualified lawyers and ethical standards.

- Swedish Enforcement Authority (Kronofogden) - for information on enforcement of financial obligations.

- Swedish Tax Agency (Skatteverket) - for registering changes in civil status and handling tax-related matters.

- Municipal family counselling services (familjerådgivning) - local counselling that can support communication and reduce conflict.

- Information about legal aid (rättshjälp) - public schemes that can cover part of legal costs in qualifying situations. Your lawyer can advise on eligibility and application.

Next Steps

If you are considering collaborative law in Solna, here is a practical path to follow:

- Assess your goals. Decide what outcomes you need - on children, finances, housing and future cooperation.

- Gather key documents. Compile identification, financial documents, contracts, pension and property information and any existing agreements.

- Book initial consultations. Contact one or more family-law lawyers in Solna or nearby Stockholm who are trained in collaborative practice. Use the consultations to ask about experience, cost estimates and the collaborative process.

- Discuss fees and the participation agreement. Clarify who pays for what, and ensure you understand the written collaborative participation agreement and the rule about lawyers withdrawing if talks fail.

- Consider neutral experts. If finances, business valuations or childrens needs are complex, agree early on using neutral specialists and how their fees will be shared.

- Keep communication child-focused and constructive. Collaborative law works best when both parties commit to respectful, solution-oriented talks.

- If you need more formal protection, discuss with your lawyer whether parts of the agreement should be registered or confirmed by court, especially for custody or maintenance matters.

Taking these steps will help you decide whether collaborative law is the right route for resolving your family-law issues in Solna. A trained collaborative lawyer can guide you through the practical and legal details and help you protect your rights and your familys future.

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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. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.