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Free Guide to Hiring a Family Lawyer
Collaborative law - sometimes called collaborative practice - is a voluntary, structured process where parties and their specially trained lawyers work together to resolve family law matters outside court. In Viby, which is part of the Aarhus municipality, collaborative law is used mainly in divorce, separation, child custody, visitation, and division of assets. The process focuses on cooperation, open information exchange, and creating solutions that meet the needs of both parties and any children involved. It is not governed by a single statutory regime in Denmark, but the process is supported by Danish family law principles and common practice among family-law practitioners.
Collaborative law is a lawyer-led process. People usually involve a lawyer when:
- They want a negotiated outcome without going to court, but want legal protection and advice throughout.
- There are children and parents want to create a parenting plan that suits the child(ren) rather than a court-imposed order.
- The financial situation is complex - for example, multiple properties, business interests, foreign assets, or significant pension rights.
- Parties wish to preserve a cooperative relationship after separation - for co-parenting, for business partners separating, or when family ties remain ongoing.
- They want confidentiality and a private process for reaching an agreement.
Conversely, you may not be suitable for collaborative law if there is a serious power imbalance, ongoing domestic violence, coercion, or if one party refuses to provide required financial information. In such situations, court protection or other processes may be safer and more effective.
Collaborative law in Viby operates within the framework of Danish family and civil law. Key legal points to understand include:
- Marriage and separation rules - Danish law on marriage and divorce sets out formal requirements and the grounds for divorce. Financial settlements reached through collaborative law must comply with Danish rules on dividing marital property.
- Property regimes - Danish couples can have different property regimes. Common terms include fælleseje - joint marital property - and særeje - separate property. Agreements that affect these regimes should be properly documented, for example by an ægtepagt - a prenuptial or postnuptial agreement.
- Child law - parental responsibility, residence, custody, and child maintenance are subject to Danish child law. The public authority Familieretshuset handles some administrative family matters, and courts decide disputes when agreement cannot be reached. Collaborative agreements about children should follow the child-s welfare standard and be workable in practice.
- Pensions and social law - pension rights and state benefits may affect settlement choices. Some pension entitlements require specific handling to ensure equal treatment under Danish rules.
- Enforcement - agreements made in collaborative processes can be converted into formal divorce settlements or court orders, which makes them enforceable. To be enforceable, settlements may need to be documented and filed with the relevant authorities or courts.
- Cross-border issues - if you or your spouse have assets, residence, or citizenship outside Denmark, international private law rules may apply. This can affect which country-s law applies and how assets are divided.
Parties and their collaborative lawyers agree to negotiate in good faith and to avoid court. They sign a participation agreement that outlines the process, confidentiality, and what happens if negotiations fail. Meetings typically involve both lawyers and sometimes neutral professionals - such as a financial expert or a child specialist - to help reach an agreement. If no agreement is reached, the collaborative lawyers usually withdraw and the parties must hire new counsel for court proceedings.
Duration varies with complexity and cooperation. Simple cases can settle in a few months. More complex matters with multiple assets, businesses, or international elements can take longer. Collaborative law is generally faster than full litigation, because the parties control the timetable and avoid court waiting times.
Costs depend on the hourly rates of the lawyers, the number of meetings, and the need for neutral experts. Collaborative law can be less expensive than litigation because it avoids long court proceedings, but both parties will pay for separate lawyers. Initial consultation with a collaborative lawyer will give a clearer estimate for your case.
Yes - confidentiality is a central feature. The participation agreement usually includes confidentiality terms for discussions and documents shared during the process. However, confidentiality does not prevent you from seeking other legal remedies if needed - but often the agreement sets out what happens if the process breaks down, including the withdrawal obligation for lawyers.
Yes, once the parties sign a settlement agreement and take necessary formal steps - for example, registering it with the court or Familieretshuset in the case of divorce - the agreement becomes binding and enforceable. It is important that agreements are drafted clearly and comply with Danish law to ensure enforceability.
Absolutely. Collaborative law is commonly used to create parenting plans covering residence, custody, visitation, decision-making, and routines. The process encourages parents to design practical arrangements tailored to their child-s needs. Still, if agreement cannot be reached and the child-s welfare is at risk, public authorities or courts may intervene.
Full and honest disclosure is essential. The participation agreement typically requires transparent exchange of financial documents. If a party refuses, the process may break down, and collaborative lawyers will usually withdraw. At that point, the other party may need to pursue disclosure through court procedures.
Look for family-law lawyers who advertise collaborative law or collaborative practice experience. Many will list collaborative training or membership in collaborative networks. You can also ask local law firms in Aarhus or Viby about collaborative experience, contact the Danish Bar and Law Society for referrals, or consult local family services for recommendations.
Collaborative law is not usually appropriate when there is ongoing domestic abuse, coercion, or significant power imbalances. Safety and protection come first. In such situations, you should seek immediate advice from a lawyer experienced in domestic violence and consider protective measures and court solutions.
If negotiations fail, collaborative lawyers generally withdraw from the case by design. This encourages commitment to the process. After withdrawal, parties may engage new lawyers for mediation or court proceedings. The withdrawal rule means the process carries weight but also requires careful consideration before starting.
Useful places and organisations to contact for help and information in or near Viby include:
- Familieretshuset - the Danish government agency that handles various family law matters and provides information on parental responsibilities and child support.
- Danish Bar and Law Society - for information about licensed lawyers and to find a family-law attorney in the Aarhus/Viby area.
- Aarhus Kommune family services - local municipal services that may help with child welfare, mediation, and support.
- Aarhus District Court - where family law cases are heard if court action becomes necessary.
- Local mediation and conflict-resolution centres - these organisations offer mediation and alternative dispute resolution that can complement collaborative practice.
- Collaborative practice networks - groups of lawyers and professionals trained in collaborative law work can help locate qualified practitioners.
If you think collaborative law may suit your situation, follow these practical steps:
- Assess suitability - consider whether both parties are willing to cooperate, whether there is any history of abuse, and whether transparency is possible.
- Gather basic documents - prepare financial records, property titles, pension information, and documents relating to children-s care and schooling. Having documentation ready speeds up the process.
- Book an initial consultation - contact a lawyer experienced in collaborative law for an initial meeting. Use this meeting to ask about the collaborative process, costs, likely timeline, and the lawyer-s experience.
- Discuss the participation agreement - if you proceed, the lawyer will propose a participation agreement that sets out roles, confidentiality, and the procedure if negotiations fail.
- Select neutral experts if needed - agree on neutral financial specialists or child specialists early, so they can assist with valuations and parenting plans.
- Start meetings and negotiate - attend joint meetings with your lawyer and the other party-s lawyer to negotiate an agreement that addresses children, assets, and financial support.
- Formalise the agreement - once you reach agreement, ensure it is properly drafted, signed, and filed with the relevant authorities to make it legally binding and enforceable.
If you need immediate legal advice, contact a family-law lawyer in the Aarhus/Viby area to discuss your circumstances and options. Collaborative law can be an effective, respectful way to resolve family disputes when both parties commit to honest negotiation and legal guidance.
