10 Steps to Lessen the Stress In a Divorce

Getting Divorced is stressful. It causes sleepless nights and it can be hard to look forward into the future and imagine what life will be like. We cannot wave a magic wand and erase the pain but what we can do is give you some steps to think about to help make life easier. Taking practical steps rather that turning matters constantly over in your mind will help improve your mindset (we promise!).

1. If you have made the decision that you are going to get divorced then get legal help at the outset. You should always go and speak to a specialist Family Solicitor. They can give you clear advice and explain to you what your legal rights are. Try not to speak to friends and family about this as they may not give you the right information.
2. Think about what you want to do after the divorce. One of the first points to address will be where do you want to live? Do you intend on staying in the marital home? You should look for a suitable house if you are not staying in the family home, and consider what the costs of running a house will be and if you can afford it.
3. If you have any children then think carefully about the arrangements for your children. Who should they live with? What contact with the absent parent have with them? How will this practically work? We would always advise discussing this with your spouse, as this is likely to work better than an arrangement imposed by the court. If you need legal help to get this sorted then as many of us at Nayyars are parents, we will do our best to look after your child’s interests.
4. ‘Knee Jerk’ decisions- avoid making these as you only get one chance to get the right settlement for you; so try not making any snap decisions which you may regret in the future. Do not rush. Stop and spend some time thinking about what you actually want. We often advise our clients to get a pen and paper, sit down and write this out. What do you want in an ideal world? What would you realistically settle for?
5. You may start with an informal arrangement but if this is not working then contact Nayyars and we can try and have it formalised by the Court. That way neither of you can depart from it in the future. If you have tried yourself and it is not working then let Nayyars take the pressure from you.
6. Remember your finances will be under scrutiny. Keep an eye on your finances and don’t go on a spending spree you can’t afford! Any unusual spending will show up on bank statements during the settlement process. This could potentially weaken your case! Do not try and sell property or share out assets. The Courts are not daft and they will immediately see what you are trying to do and this will undermine your credibility.
7. Consider what interim financial agreements will work for you. Whether you are still living in the same house, or one party has moved out, any interim arrangement needs to provide both parties with sufficient means to meet their immediate outgoings.
8. Understand your finances. Gather together details of your assets, liabilities, income and outgoings. Make a list of incomings and outgoings and work out whether you will be short each month. Remember a divorce can hit you hard financially and you may end up worse off. This is just a sad reality of a marriage break up and you may have to adjust your finances accordingly.
9. Be conscious of text messages and social media comments regarding your finances and divorce. Do not send any abusive messages to your ex however unreasonable they are being. They may be used against you at Court. If you are unclear about this speak to one of our Family Law Solicitors who will guide you.
10. You should always remember there is a life after divorce. As painful as things might be right now, with advice from a specialist Family Solicitor, you should come away with the best resolution to your case for you with the ability to move on confidently. Always remember your solicitor will always be there for advice! We often say at Nayyars a problem shared is a problem halved!

If you need to contact one of our Family Law Team then give us a call today.

Should I Give My Child His or Her Inheritance Now?

This is a question that many parents think about when they have adult children? Should they start sharing out their assets in their lifetime. This is because of the 7 year rule. If there is inheritance tax to pay on an estate it is charged at 40% which is a considerable amount. However, gifts made 7 years before death do not count and there is no inheritance tax on these. This makes it an attractive proposition to those who want to avoid paying inheritance tax.

However, with adult children there is the worry that if they get divorced their spouse may take a share of the inheritance tax. This is putting some parents off inheritance tax planning.

Statistics show that one in three parents are unwilling to leave an inheritance in case it is lost as part of a future divorce settlement, according to a financial planners. Parents do not want hostile ex in-laws walking away with money or assets that they are keen to keep within the immediate family.

In recent years, research found that over 1/3 of parents said they were not confident with how stable their child’s marriage was. They had made agreements legally binding to keep inheritance tax out of a divorce settlement.

Unfortunately the UK has a high divorce rate and therefore it is understandable that parents are pessimistic over their child’s own marriage.  However, this is disadvantageous as it means that in the long run they could end up paying more in inheritance tax.

There is also the added problem that wealth may be tied up with the value of their homes, they don’t always have the ability to move assets out of their estates prior to death.

We are here to help. It is important that everyone who is concerned that they may have to pay inheritance tax takes financial planning advice and prepares a Will. It is possible to ensure that inheritances stay with the children even in the event of a divorce.

For more information contact our Wills and Probate Team.

Goodbye 2017!

And what a rollercoaster 2017 has been for Nayyars! I always start each year a little wiser and a whole lot more positive than the last. Looking back at 2017, we have had a great year. We have expanded in terms of numbers and diversified into different areas of law. We have amalgamated departments and promoted from within. We said goodbye to some of our team who left for other opportunities but were then joined by others who have brought with them a wealth of knowledge and experience. I feel this is the strongest Team we have had since we started. This is also the happiest we have been together as a Team. That makes me so proud.

2017 saw our success rate at trial and settlement numbers reach an all time high. We have grown each year and technically we learnt from experience. We have increased our reputation for high value and catastrophic injury work. We are now busier than ever.

We have also taken on a number of significant high profile cases in 2017. We acted for some of the victims of the Mangle Acid Attack in London which has been described as the U.K’s largest acid attack to date. We featured heavily on national TV and radio including Sky News and BBC. I made it into numerous newspapers printed including the London Evening Standard, The Daily Mail and The Manchester Evening News. I was also in a number of publications including The Insurance Times and The Law Society Gazette.

Other notable cases we have taken on this year have included a stabbing case where the perpetrator was charged attempted murder, a serious injury to a pedestrian left fighting for his life and the death of a young boy by joyriders.

I have sat and cried with my clients. I have jumped up and down in joy when clients have won.  I have been angry at the way my clients have been treated. I have not slept at night worrying of what the outcome of a case will be. In fact there have been times this year when I have thought about nothing else but work for weeks on end. I have a few more wrinkles and grey hairs, but if you were to rewind the clock, I would happily do it all over again.

We have achieved a lot this year but all credit must go to the Nayyars Team. Reflecting on the year, everyone at Nayyars has embodied the philosophy of wanting to be the best. We have a “can-do” attitude and that mind-set is what gets us results.

We have raised funds for various charities too including a Nayyars Raffle and our annual Bake Sale. It hasn’t all been hard work, we have had a lot of fun along the way too with our Social Committee having organised different events including a mad month of partying in December!

As we turn the corner and enter 2018, at Nayyars we would like to thank you for being part of our journey. Let’s hope the New Year brings good health, happiness and success to us all.

Do You Need Permission to Work in the UK?

It is the legal duty of an Employer to prevent illegal working. In order to avoid civil and criminal liabilities, the employers must recognise who can work in the UK without permission.

If you fail to identify or choose to ignore those migrants who require permission to work, you will face severe consequences as a result of your negligence.  If Immigration officers perform a ‘right to work’ check and it transpires that you have employees without the right to work at your work place, this can result in severe criminal and civil penalties. The maximum fine is £20,000 for each illegal worker (this increased from £10,000 on 16 May 2014). From 12 July 2016, the maximum prison sentence increased from two to five years.

People who do not require permission to work in the UK but may still need a visa are:

• British citizens. Please note, that British Dependent Territories citizens, British nationals (overseas) and British overseas citizens do need permission to work in the UK. The employers must be careful when it comes to such people, as their passports look similar to those of British passports but may not contain the right to live and work in the UK.
• Those who have indefinite leave to remain in the UK.
• Those who have the right of abode in the UK, which gives the right to live in the UK permanently and work here without any immigration
• EEA nationals. This includes nationals from eight of the countries which joined the EEA in May 2004 (Czech Republic, Estonia, Latvia, Lithuania, Hungary, Poland, Slovenia and Slovak Republic) and the two that joined in January 2007 (Romania and Bulgaria).
• Commonwealth nationals with a UK ancestry visa who have a grandparent born in the UK or British Islands.
• Swiss nationals.
• Non-EEA family members of EEA and Swiss nationals and those with a retained or derivative right of residence who can produce a UK residence document to prove their status in the UK.
• Some asylum claimants. The general rule is that asylum claimants are not allowed to work, but some may be issued with an Application Registration Card that confirms certain employment is permitted.
• Persons granted refugee status or humanitarian protection.
• Students from overseas may be allowed to work part-time during term time and full-time during their holidays.

Also, dependants who are successful in their application to accompany or join a migrant who has been granted permission to come to the UK for longer than six months will usually be given a general permission to work.

Unless stated above, an individual is likely to need specific immigration permission to work in the UK under one of the tiers of the Points Based System (PBS) or one of the other non-PBS work-related categories

Individuals who are currently allowed to work in the UK without the need for specific permission may well change drastically when the UK leaves the EU.

Christmas at Nayyars!

Well, it’s that time of the year!  Every year at Nayyars December is a busy month for many reasons. One of which is that it is our countdown to Christmas.

Early on the Nayyars Social Committee start organising a calendar of festive activities that will keep us entertained while we finish the year off with a  bang!  We work hard all year, often dealing with difficult cases, sympathising with our clients and giving them the best service possible.  We are by now looking forward to a well-earned Christmas break but not without fun and frolics (our Offices are closed between Christmas and New Year to allow us to recharge our batteries!).

Just some of the activities we have planned for festive month are:

• Lunch Party. The Managers will be providing a variety of dishes for all staff to enjoy (Sissy’s Greek Moussaka, Carolyn’s pies, Harriet’s Curry and Melissa’s Jerk Chicken….my mouth is watering already!);
• Guess the Baby Competition – all staff bring in photographs of themselves when they were babies and we split up in teams and try and guess who they are (we were a cute bunch!);
• Mafia Xmas addition;
• Balloon game (we embarrass ourselves by waddling up and down the office in an attempt to reach the finish line);
• Bingo (Amir as Santa, our Bingo Master returns for another year with his glamourous little Helper);
• National Christmas jumper day! Everyone to wear their jumper into work (or for those who don’t have one anything festive will do!);
• Works Christmas party which this year will be held at Fazenda in Spinningfields (a night of guaranteed madness!);
• Pass the Parcel (you unwrap a layer while answering the phone!….in line with our “work hard play hard” policy);
• Christmas charades (yes we are very competitive!);
• Roll the dice (roll a 6 and collect a prize donated by the Nayyars Team)
• Secret Santa (the presents are traditionally opened at our Christmas Party).

You can keep up and see our photos which will be posted on social media throughout the month.

This is why we love working at Nayyars – we work hard and we definitely play hard.

Your Rights If You Are Not Legally Married

If you living with your Partner without a ring on your finger then this is a must read blog! Despite the increasing numbers of couples living together without being legally married, there is a misconception about what this means. The only way to gain the legal status of husband or wife is to have a recognised marriage ceremony in this country or enter the country as a spouse. If you have had only the Muslim marriage ceremony of a Nikaah in this Country then you are not considered married. A Nikaah only is not a marriage in the eyes of the law of this Country.

The law treats married couples very differently on separation than those who are married. It does not matter how long they have been in the relationship or whether they live together. Those who are unmarried find themselves at a significant disadvantage that married couples when they separate.

The most important difference is that if you are not legally married to your partner then you have no right to financial support if you separate. On marriage, there is an obligation to divide property equally of the couple split up.  The family assets have to be divided carefully.

If you are unmarried or cohabiting then regardless of how long your relationship has lasted or whether you have children you have no legal right to financial support. Put simply you are treated as the same as a boyfriend and girlfriend! Your children can however have a claim for financial provision from the absent parent.

If you do not want to get married then you can protect your position by drawing up a legal agreement called a Cohabitation Contract or Agreement. This will set out how you own and share your property and how you want it to be split if you do not stay together. This needs to be signed by both parties after each of taking independent legal advice. It is always worth having an agreement to save future arguments.

We have a specialist team of Family Lawyers who can guide you in relation to your rights.

Issuing Court Proceeding On Your Claim – Why and What Happens Next

Why do I have to issue Court Proceedings on my Claim?

If a resolution cannot be reached on a claim, we advise issuing County Court proceedings. This is to ensure that your case will be taken seriously by the Third Party Insurers and they then properly take control of the case.

We will lodge your claim at Court setting out details of the case and a summary of any financial losses, for example, vehicle damage, hire, loss of earnings etc.

What happens once my claim is issued?

Once the claim has been received at Court, they serve it on the Defendant and they have 28 days to serve a Defence to the claim, setting out why they are not making any offers.

The claim will then be allocated to a ‘track’ depending on the financial value of the case and the complexity.

There are three tracks:

• Small Claims track – cases where compensation for injuries, pain and suffering is likely to be £1,000 or less
• Fast Track – cases where the claim is likely to be up to £25,000 and the final Trial is likely to last a day or less.
• Multi Track – cases where the claim is likely to exceed £25,000 and there are complex issues where the Trial may be over one day.

The Court then allocates a strict timetable of steps to take to prepare the case for Trial. The steps to take include:

• Disclosure of documents – this is a document where both parties provide a list of all of their evidence. You will be asked to sign this document to check the evidence to be disclosed. Following this, the parties request sight of each other’s documents.
• Witness Exchange – This is where both parties provide formal statements and they are disclosed to the opposing party. We will obtain the statement from you in relation to liability and quantum of your claim. You will need to sign this document also and agree that it is correct and to the best of your knowledge.

The Court do not take lightly on anyone signing a document knowing the contents are untrue and can impose penalties so it is imperative that the documents are reviewed carefully and that they are completely accurate before signing.

What will I need to do?

As advised above, you will need to sign the Disclosure List and Witness Statement and there may be further documents which may be necessary, depending on each case.

At Nayyars we take care of the running of the case, however there are strict time limits set by the Court so if we require further information or documents signing, it is vital you respond as quickly as possible. The Court can impose penalties if there is a delay with no good reason.

Trial

If settlement cannot be reached on your claim, it may be necessary to proceed to Trial. Not many of our cases at Nayyars go to Trial but we are not afraid to proceed with your case all the way! You will be supported on the run up to Trial and a barrister will be with you on the morning of Trial to go through what to expect.

Cancer Support – Lisa’s Story

Lisa is a very good friend of a staff member at Nayyars whose story and battle against cancer has touched everyone’s hearts.

The Nayyars staff decided to help support Lisa who is terminally ill with cancer to help her complete one of her bucket list wishes “A trip with her 4 year old son to Disneyland”.

Lisa is a Blackley girl who was diagnosed with cancer in 2014. She was aged 36 and has already undergone the devastating removal of both breasts. Approximately 18 months after the surgery Lisa was advised the cancer had spread. Lisa is now undergoing chemotherapy and wants to spend as much time as she can with her family especially over the Christmas period.

Lisa has been a fighter all along and her strength and spirit has inspired us at Nayyars. She has also become a local celebrity and featured in the newspapers as she has organised her own wake and funeral. She is a true inspiration to us all. We knew at Nayyars we had to help in any way we could.

How we raised the money.

Nayyars love food and there was no better way to help support Lisa than a Nayyars Cook Off!

All staff were split into two teams to make, bake and provide and eat a special lunch.

From pies to chick pea curry everyone made a contribution for the lunches and over just 2 weeks and a few pounds in weight later we managed to collect £170.00.

Coming up to Halloween a member of Nayyars staff made a huge Halloween Hamper in a witches cauldron. There were spooky toffees, spiders, masks, pumpkin lanterns and a whole lot more.

Raffle tickets were sold to staff and family friends and in just under 2 weeks £100.00 was collected. The raffle tickets were all sold out.

A total of £270.00 was collected for Lisa in October 2017 to help Lisa fulfil her wish list and Nayyars send Lisa and her son all their love and support.

Nayyars will always continue to support charities and will be nominating a registered charity for 2018. The funds raised will be collected throughout the year and sent to the nominated charity the end of 2018.

Nayyars will definitely be having another Cook Off and take great pride in supporting others as well as getting fatter!

Statement on Behalf of Nayyars Solicitors Clients injured in the Mangle Nightclub Acid Attack

What started out as a night of partying changed into every person’s worst nightmare. Mr Collins chose to carry a bottle of acid with a PH level of 1. He then chose to throw it in a packed nightclub full of innocent people showing complete disregard for who was hit. It was a despicable crime that changed the lives of so many people in the club that night. Mr Collins maintained a denial throughout and made his victims give evidence, a number from behind screens and others breaking down as they relived what happened. He denied bringing the bottle into the club and we may never know what his real intentions were.

We also believe that the Mangle Nightclub need to take responsibility for allowing Mr Collins to carry acid on their premises. The checks upon entry were grossly inadequate. A bottle of acid should never have made it into the club.

My clients are relieved that the trial has concluded and justice has been served. Sadly acid attacks on are the rise. We hope that the sentence passed will be a deterrent to others who choose to carry acid as a weapon.

Mangle Nightclub Acid Attack

We have had a lot of Media interest over the last week relating to the high profile acid attack case in the Mangle Nightclub on 17th April 2017.

Our Ayesha Nayyar has been in the public eye and her reputation as one of the leading personal injury lawyers in the Country is growing.

We act for a number of the victims who had acid thrown at them in a packed busy nightclub.

The acid was thrown by Arthur Collins who is the ex-boyfriend of TOWIE TV star Ferne McCann. He denied responsibility alleging that he did not know it was acid and made his victims give evidence at trial at Wood Green Crown Court.

Ayesha listened to the evidence during 5 week trial. On Monday 13th November 2017, the jury returned a verdict of Guilty on 5 counts of causing Grievous Bodily Harm with Intent and Guilty on 9 counts of Actual Bodily Harm.

The case had a lot of media interest because the Defendant was the ex-boyfriend of a reality TV star. It was also newsworthy as acid attacks are on the rise and this case is unprecedented in terms of the number of people that were injured in one acid attack. There is expected to be further media interest when Arthur Collins is sentenced on 19th December.

Ayesha was interviewed for various TV channels including Sky News and BBC Breakfast. She released a statement on behalf of the victims which was read out on Sky News. She also spoke on various radio stations including BBC Radio 1, BBC5 Live, LBC Radio and Heart FM. She has also been featured in The London Evening Standard, Manchester Evening and Daily Mail amongst other publications.

On the press coverage, Ayesha said “I spent a lot of time with the media during the trial and they were very sympathetic to my clients. All reporting of the case was done in a sensitive manner for which we were grateful. Some of the victims chose to do press interviews, however my clients did not. They could not face the thought of reliving the incident again and the media respected that”.

For any further media enquiries please contact Sue at Nayyars on 0161 491 8520.