Ayesha Nayyar – 20 Questions

What’s the best part about your job?
Being able to help people in their time of need

What is your favourite object in your office?
My mug which is constantly replenished with tea thanks to the amazing team I have!

What cases do you like working on best?
I only run a small caseload now but the family law ones I am always very passionate about.

What is your best way to celebrate when you win a case?
It is long standing tradition that we have pizzas at lunchtime when any of the team win a case.

What is your favourite part of the day?
Probably teatime, it is chaotic in the Nayyars’ house

What’s your favourite book?
The Great Gatsby.

What’s your favourite song of all time?
If I was with James Corden doing a Car Pool Karaoke then it would have to be ‘My Love Don’t Cost a Thing’ by J’Lo – but generally I will sing along to anything!

What’s your favourite play?
I recently watched Death of a Salesman at The Lowry and I was mesmerized.

Who’s your favourite movie star?
For sheer ability to watch him all day it would be Brad Pitt but I would have to say for acting ability, Julia Roberts.

What is your favourite film?
Following on from that and for the number of times I have watched it, Erin Brockovich

What’s the greatest invention of all time?
Obviously, the mobile phone.

Besides your phone, what do you always have with you?
As shallow as it sounds my makeup bag!

What is your favourite meal of the day?
Breakfast

What is your favourite food?
Not really a foodie but I haven’t tasted a bad Biryani!

What is your favourite flower?
Roses

Dress up, dress down or somewhere in between?
Dress up every time.

What is your favourite place to relax?
My bedroom. I spend hours there!

If you could be given one gift, what would it be?
An extended holiday anywhere hot and sunny with my kids

If you had a night out planned, what would be your perfect way of spending it?
Just a simple dinner with friends preferably cooked by one of them (I hope they read this!)

Finally, what’s your guilty pleasure?
The hours I spend on my social media apps (but don’t tell my husband – he thinks I am checking work emails!)

Why Use A Local Solicitor?

We have now opened a branch office in Levenshulme! The sole aim of this was so that we could be closer to the local Manchester community. Using a local solicitor is beneficial for many different reasons.

There will be times where you need to see your solicitor face to face. You may need to drop off documents or sign papers. Having a local solicitor means that you are not wasting time and costs in travelling to see your solicitor. This often means matters can be dealt with quickly.

Being able to see your solicitor and discuss matters face to face is very important. You will be treated as an individual rather than a voice at the other end of the phone. You also get the opportunity to build up a relationship with your solicitor in person.

The cost of instructing a local solicitor can be cheaper than going to a large city centre practice. With lower operating costs, local firms can pass these savings on to their clients. We are always very clear on our pricing and charges.

Local solicitors also know the area they work in well. They will know what local legal factors will affect your case. They will appear regularly in the local courts and be familiar with the rulings of the Judges that sit there.

Finally, there is the myth that only city centre firms have the best legal experience. Very often (as is the case at Nayyars) the solicitors have trained at city centre firms and brought with them that knowledge to the more intimate practice of a local firm. Ayesha was a Partner at a large city centre firm before setting up Nayyars. The level of legal expertise we provide is exactly the same as you would expect from a large law firm.

Being based in both Cheadle, Stockport and Levenshulme, Manchester means that we can serve the local community well. It means that we can meet our clients in person while helping solve their legal problems. We are not just a name but a face and the door is always open.

If you want an appointment at either our Cheadle or Levenshulme office then give us a call on 0161 491 8520.

The Office

The facts are that most office workers work “9-5 to make a living”. This means we spend approximately over one 1680 hours per year with our colleagues. Yes – that is over 100,000 minutes just in one year.

We are with our colleagues more than our family and friends and although we love our colleagues, there can be many things that really annoy us about them.

You have heard David Brent from the office – which one of these are you guilty of in your office?

I have been working for over 36 years in an office environment and have learnt a lot along the way! At Nayyars, we have a policy of trying to give people their first legal break… however what that means is it is the first time they have worked in an office. They have never been exposed to “office culture” or what is right and wrong in an office environment.

Let’s start with the staff kitchen, breakfast and dinnertime. Here are some Do’s and Don’ts:

• Wash up after yourself! Whether that is your mug or a teaspoon take responsibility for your own dishes.
• Do not eat food that smells! (particularly eggs)
• Smelly fish is not a food to be heated in a microwave
• If you are part of a tea round then don’t forget when it is your turn
• Do not make farmyard noises when you eat
• Clear your own food out of the fridge and try not to leave notes that say “Do not eat this belongs to….”

During the day, phones ring constantly. Here are some Do’s and Don’ts about answering them:

• Do not use the speaker phone in an open plan office. No-one wants to hear the noise you do not want to hear yourself!
• Do not ignore a ringing phone. Answer it!
• Do not phone another member of staff who sits 2 yards away!

General behaviour. Do’s and Don’ts which everyone needs to remember:

• Do not moan about your commute to work every day (no-one cares!)
• Do not email everybody when it only concerns a few
• Read your emails out loud
• Bad bathroom habits
• Do not talk loudly
• Do not wear strong smelling perfume/ deodorant
• Do arrive on time to meetings. No-one likes to be kept waiting
• Do not fiddle with the lights/ air conditioning/ heating
• Put rubbish in the bin and not the floor
• Do not presume just because you sit next to the photocopier you are the photocopier engineer
• Do not let the printer run out of paper and walk off when there is an error message leaving it to someone else to sort out
• Do have good personal hygiene

And then finally a point on dress down Friday. They were never designed to be a pyjama party, it was not introduced for you to look like you are part of a girl or boy band or just simply “roll out of bed” because its Friday not even bothering to brush your hair………

Having said the above, we are all different and we are all only human. As you have read this blog you may have ticked a few boxes (without even realising it). Some of them made me chuckle when writing them and some of them made me cringe.

At Nayyars, we are a friendly bunch and there is always good office banter (as well as my laugh which they tell me you can hear for miles). It is important that we respect and appreciate each other as we spend more time at work than we do at home. Thankfully we have the balance right but a gentle reminder always goes a long way!

Do I Have to Give My Engagement Ring Back After Divorce?

You have spent a lot of money on an engagement ring but it wasn’t meant to be and the wedding is off so who should keep the engagement ring? Can you get an engagement ring back after you’ve proposed? Who legally owns the engagement ring?

In today’s day and age, engagement rings can be worth thousands. They are usually a very valuable asset and therefore if the engagement is off it is understandable you may want it back.

In UK law the giving of an engagement ring is presumed to be a gift so it is assumed the person who receives it should keep it. So sadly, the simple answer is no. As with any gift, it is given on the presumption that it will not be returned. Even if the marriage does take place, it was still a gift and does not have to be returned.

There is a caveat to this though. The presumption may be rebutted by proving that the ring was given on the condition, express or implied, that it should be returned if the marriage did not take place for any reason. Basically, although it can seem unfair, this means that unless there was an agreement to return the engagement ring if the wedding was cancelled then the recipient is under no obligation to return the ring.

In most cases, there has been no such discussion.

If you do want legal advice on division of family law assets then contact our Family Law Team on 0161 491 8520.

Using a Phone or Sat Nav Whilst Driving

Everyone seems to be using their phones more than ever before! Unfortunately this means that we take our eyes off the road to do so. To stop people doing this, laws recently changed. Drivers can now face up to double the punishment if they are caught even touching their phone behind the wheel.

Many people know this law but will still ignore it. Holding a mobile phone or sat nav whilst driving is illegal. This also applies when riding a motorcycle. It is easy to get distracted when the phone rings or a text pings through but you must stop yourself.

The only type of device that can be used has to be a hands free one. Examples of these are: a Bluetooth headset, a built-in sat nav, voice command, a windscreen mount or a dashboard holder/mat. They must not restrict your view of the road ahead.

The police have the right to stop you if they feel as though you are not in control of your vehicle and you can be prosecuted for this.  The law still applies to you if you’re; stopped at traffic lights, queuing in traffic or if you’re supervising a learner driver.

If you do want to use your mobile in your hand then the only time you can is if you are safely parked or in an emergency when you would need to call the emergency services such as 999 or 112 and it is unsafe to park.

If you are caught using a hand held mobile then these are the consequences:

• You will face 6 penalty points and up to £200 if you are caught by the police
• For early drivers, if you have passed your test within the last 2 years, you will also lose your licence
• For a restricted view of the road, you can receive up to 3 penalty points

In some cases, you may also be taken to court where you could possibly lose your licence and have to pay a fine where the maximum is £1,000! Or £2,500 if you’re driving a lorry or bus.

Members of the public are able to report offenders by calling Crimestoppers on 0800555111.

It really is not worth it. Every call can and should wait.

Can I Keep the House in a Separation/divorce

When a marriage breakdowns there are many questions that get asked. One of the most common ones is who will get to keep the house?

Every case will be decided on its own facts, so it is very hard to say what will happen to the matrimonial home or other jointly owned property as there are no set rules, however one of the most important influencing factor will be whether you have any children under 18 at home.

At this troubled and anxious stage in life it is of the upmost importance that all parties are aware of the possible outcomes in such circumstances.

The three most common outcomes are:

1. One party can buy the other out of the property by paying them a lump sum and having the house transferred to them. Ownership is totally separate from the mortgage so this would usually be on the basis that the new owner are also able to release the other party from any existing mortgage. This would mean the party getting ownership would normally have to renegotiate or re-apply for a mortgage as any existing mortgage would probably have been in both names. This needs investigating early to arrange alternative funding options if the existing mortgage provider is unable to renegotiate the terms of the mortgage in one name only.
2. One party, the main childcare provider, can stay living in the house with the children until any (minor) children are over 18, at which point the house is sold and the money divided. The proceeds would be divided in accordance with any Court Order.
3. Or finally, the house could be sold and the money be divided between the parties. How much each party  will get  or indeed  the level of lump sum payable by one party to the other, if there was one owner, will depend on the level of overall assets in the ‘matrimonial pot’.  Our expert solicitors can advise you on what assets should form part of the pot, and what percentage you should expect to receive

If you require advice about a Divorce/Separation then give the Nayyars Team a call today on 0161 491 8520.

Motivation in the Workplace

What is motivation?

‘Motivation is the reason you give to someone for doing something’

And when it comes to work, it’s not hard to understand that we all need to be motivated to stay employed and active for as long as we can!

What happens though when you have employees who are losing their motivation towards work? As Office Manager in a busy practice it is vital that we get this right at Nayyars.

This is and should be a priority for every Management Team primarily, but it needs to involve all members of staff too, as new ideas to keep the business a happy place can come from anybody in the firm.

Here at Nayyars, motivation is key in keeping the business going and our employees play a major part when it comes to team building and the activities we do as a firm.

We have the Employee of the Month, where anybody who goes above and beyond will be rewarded with vouchers and a trophy they get to keep on their desk for the whole month. The staff can nominate each other and it is a great way to boost moral as well as reward those who have done a good job.

We also try and give our employees room to grow. Our most recent examples are our apprentices, who moved to several positions by becoming file handlers or even team leaders within a year of starting to work with us.

The owners of the firm, Ayesha and Juwad always share positive feedback with the rest of the team and organise meals regularly when we have achieved a good result.

We also try and be as transparent as we can, so we publish the fees total weekly and everybody can see how the firm is doing at any given point. There are cogs in the wheel here at Nayyars who may not be case handlers but without them we could not get the results we do. A lot of praise and credit is given to the New Claims and Accounts Team.

Last but not least we ask our staff what they really want. They can pass any suggestions they might have anonymously in our suggestions box. The managers will pick up the suggestions for consideration and whether we follow the idea or not, our staff will always be given feedback of the decision the management team took.

When trying to motivate your employees, you need to follow one simple rule! Get them involved in the process and ask them what they want. Listen to them and see if you are missing out on something, as it’s your employees who will support you and will sometimes do the hard work for you!

Nayyars is a great place to work for many different reasons and we have a great team spirit between us!

I look after the recruitment process at Nayyars and if you are looking to join a motivated team, then give me a call on 0161 491 8520.

Does English Law Finally Recognise an Islamic Marriage?

The case of Akhtar v Khan [2018] EWFC 54 shows that English law has recognised an Islamic marriage (Nikah) during divorce proceedings.

For many years, various groups have supported the idea that an Islamic Nikah should be recognised as a valid marriage under English Law. Up until now, a Nikah on its own has not been recognised as a marriage in this country. However, a recent case has changed the legal landscape on this issue.

Mrs Akhter issued a petition for divorce from Mr Khan on the 4th November 2016 claiming that they had been married for over 18 years. However, Mr Khan defended the divorce on the basis that both parties had not entered a valid marriage according to English law but instead entered into an Islamic Nikah. The issue for the court was whether the parties were to be treated as being validly married under English law by operation of a presumption of marriage or, if not, is the marriage void and susceptible to a decree of nullity under s11 Matrimonial Causes Act 1973.

If the Nikah was a recognised marriage then she would be entitled to financial remedies on the marriage ending.

Mr Khan sought to rely on the Islamic Nikah to persuade the authorities in the UAE to accept it as a valid marriage for the purposes of living and working there. The couple also had 4 children from their marriage which brought Mrs Akhter to play a strong argument on Human Rights grounds enabling the court to consider the right to respect for private and family life (Article 8 of the European Convention on Human Rights) and to interpret s11 Matrimonial Causes Act 1973 to take into account the best interests of children, who would potentially be affected if a marriage was declared and the resultant financial remedies able to be pursued.

Mr Valentine Le Grice QC on behalf of Mrs Akhter, made submission relating to the presumption of marriage and nullity of marriage. The parties had held themselves out as married and for all intents and purposes were husband and wife.

In this case the court ruled that although the marriage was not a valid marriage, it was void based on the court’s interpretation of s11 of the Matrimonial Causes Act 1973. The Judge concluded that the marriage was entered into in disregard of certain requirements of the formation of a legal marriage. This made the marriage void. The importance of the declaration of a void marriage is that as consequence there is a decree of nullity which meant that Mrs Akhter is entitled to the same financial remedies available to marriage couples upon divorce.

So does this now mean that every Islamic Nikah in England and Wales will not be classed as a void marriage if it isn’t followed by a civil registry marriage? The simple answer is no. This case was decided on its own facts and every case must be considered on a case by case basis. It will be interesting to see the outcome of future cases where a Nikah only ceremony are considered.

Nayyars Solicitors specialises in divorce cases. Should you wish to speak to our Family Law experts then give us a call today on 0161 491 8520.

Applying for British Citizenship……then Look No Further!

An individual who has completed five years of continuous residence in the UK, is eligible for a British Citizenship.  The person applying must have held an Indefinite Leave to Remain (ILR) for at least one year prior to making an application for naturalisation as a British Citizen.

If you are not married to a British Citizen, the criteria you must satisfy:-

• You have lawfully resided in the UK for at least five years.
• You hold an Indefinite Leave to Remain for at least one year.
• You have not been absent from the UK for more than 90 days in the last 12 months.
• You have not lived outside the UK for more than 450 days over the last five years following the date that you submit your application to the Home Office.
• You must be present in the UK on the date that the Home Office receives your application for naturalisation as a British Citizenship.
• You must be a person of good character and satisfy the requirements set out by the Home office.

A person married to a British Citizen can apply for naturalisation as a British Citizen as soon as they have completed 3 years residence in the UK and provided they have Indefinite Leave to Remain (ILR) in the UK. The applicant cannot have any unspent criminal conviction or any civil penalties imposed against them. The person must pass Life in the UK Test before an application for naturalisation as a British Citizen is made to the Home Office.

If you are married to a British Citizen, the criteria you must satisfy:-

• You have lawfully resided in the UK for at least three years.
• You have an Indefinite Leave to Remain on the date that you submit your citizenship application.
• You must not be outside the UK for more than 270 days over the 3 year period at the time of submitting your application.
• You cannot be absent from the UK for more than 90 days in the last 12 months.

• You must be present in the UK on the date that the Home Office receives your application for naturalisation as a British Citizen.
• You must be a person of good character and satisfy the requirements set out by the Home office.

Nayyars Solicitors are experts in dealing with applications for naturalisation as a British Citizen. Feel free to contact us if you are seeking legal assistance from Immigration Solicitors in Manchester regarding your application for naturalisation as a British Citizen, you can be assured that we will provide you with a professional, effective and prompt service.

The Work/Life of Ayesha Nayyar

A one day diary from morning wake up to lights out!

MY ALARM GOES OFF at 7.15am and then I hit the snooze button a few times before I crawl out of bed. I get ready and round up my brood and we leave the house for the school drop off.  Before we leave, I have already checked my emails and appointments for the day. I promise myself I will get up earlier and have time to eat breakfast tomorrow. I also resign myself to the fact that the pure morning chaos is the life of every working mother.

I HEAD STRAIGHT to our Cheadle office and catch up with the Heads of Department. One of the Team have made me a cup of tea and it is little gestures like this that set me up for the day.  It is a busy morning where we have a case that is going to trial. The Barrister and client both have a conference call with us and we are confident that we press ahead and go for a win. When I get off the phone, I know it will play on my mind for the rest of the day. He cannot afford to lose.

THE NEXT STOPis my local radio show in Manchester City Centre which I host every week on Asian Sound Radio. I walk through the doors at 10.59am and we go live a minute later. I love interacting with the public and having a legal show is my way of giving back to the community. Their problems can be vast and varied. For listeners to ring in live on to the radio they are often desperate, and I need to give advice as best I can on the limited information I have. The hour flies.

HAVING 2 OFFICES splits the work day up and I stop at the Levenshulme office on the way back. My husband Juwad is also working there today. We have a meeting with a Media Company who discuss our plans to record a TV advert. They have lots of ideas and my note writing skills are put to the test. I leave them to see a client who has come in for an emergency appointment. His wife left him and their children last week and he needs family law advice on what to do next. It is an emotional meeting. Immediately after, I see another new client who has lost her husband in a car accident on the M6 motorway. I see the haunting look in her eyes that I recognise so often with these types of cases.  I check our social media posts and blogs for the day which is an important part of interacting with our clients.

I DRIVE HOME around 5.30pm realising I forgot to eat my lunch again. Along the way I catch up on work phones calls. I have been invited to speak at an event next month on my life as a lawyer  and we run through the agenda on that. I rarely need to prepare speeches having been a public speaker for years, but it is important to know what the brief wants. I speak to several new clients along the way home and arrange to set up further meetings. In the middle I get a call from the client whose case went to trial.…. he won the case! I can breathe a sigh of relief as cases can go either way at Court. He promises to take me for dinner. I would be happy with a cup of tea right now!

THE MEET AND GREET in my house is always the same. My girls run up to me as though they haven’t seen me for weeks (not just the morning). We make tea while they do their homework (admittedly I am continuing to answer emails while I do). Between my 3 girls there is always an activity of some kind and tonight the eldest has hockey. Once the younger two are tucked up in bed (do not be fooled that is not the same as meaning they are asleep) I go to the gym. This is my place to switch off.

THE EVENING wind down starts around 9.30pm when I head upstairs. I potter round for a few hours organising for the next day. I finally get into bed and catch up on my emails and social media accounts (I did read there was a helpline for phone addicts and seriously wonder whether I should join). I find myself doing this for a couple of hours. The lights probably go out around midnight. Before you know it I am hitting the snooze button again and it all starts again.