She Won’t Let Me See My Kids

If you are being stopped from seeing your children then you need to do something about it. If you have approached your ex and she has refused then it may be time to consult a solicitor.

As a mother it frustrates me to no end when women stop their partners seeing their children when a relationship breaks down. I know how painful it is for fathers who are being denied this right. Sadly though, most fathers, if they cannot reach an agreement with the mother, will have to resort to court proceedings to see their children.

We have a proven track record in getting results in these cases. We have acted for a number of fathers who have been unreasonably refused access and only by taking the case to court have they been able to secure a contact order.

I know this may be the last thing you want as a father, to have to be dragged through the courts, but unfortunately this may be the only way. We would always recommend that you start child contact proceedings as quickly as possible when you are sure that contact will not be granted amicably. Do try and exhaust all avenues first but if you are at the end of the road with your own efforts then come and see us.

Our Family Law solicitors have years of experience in dealing with these cases. We adopt a no-nonsense approach to child care proceedings. Our aim is simple – it is to get you to be able to see your child as quickly as possible. We will handle the case in a sensitive manner and are fully aware of the emotions involved when it comes to handling children matters.

If you want a fixed fee initial appointment to explore your options then give us a call on 0161 491 8520.

Refusal Letter for UK Visa: What are the Next Steps?

A visa to live, work or visit in the UK can bring a huge amount of opportunities. It can be extremely disheartening, then, when a letter arrives to tell you that your application has been rejected. In these moments, the UK visa application process can feel both frustrating and confusing.

Unfortunately, much of the information about applying for a visa makes it seem simple, but in reality, successfully receiving a visa comes with a host of complexities.

As a result, many people only realise they have not completed their application properly at the point of refusal. The question then becomes whether there is anything you can do after your visa is rejected.

We are going to help you answer that question, but before we do, it is worth noting that the information below only looks at the visa process in general.

If you have had a refusal letter, the steps you take may vary greatly depending on the type of visa you have applied for. Therefore, you should always seek advice from an experienced immigration solicitor about your case.

Common Reasons for Visa Refusal

Many of the frustrations that arise out of a visa refusal comes from a lack of clarity about why your application has been rejected. Therefore, your first step should always be to identify what went wrong so you can ensure it does not happen again.

In our experience, visa applications are most commonly rejected because they have not been completed correctly, resulting in one of the following issues:

• Not supplying the correct documents: The documentation you have to provide when applying for a visa is extensive and varies depending on what visa you are applying for. A regular issue here can be proving you have enough funds for your stay, as well as the origin of those funds.
• Not formatting documents correctly: Simply supplying the correct documents is not enough, you also need to ensure they are formatted properly. That may mean you need to place them in chronological order, or it could be something as seemingly insignificant as filling in a form with wrong colour ink.
• Insufficient evidence of a relationship: This reason is specific to spouse visas but we see it enough that it is worth including. You need to prove that your relationship is genuine, using documentation that, for example, proves you live together, are married, or have children together.
• Following inexperienced advice: No two visa applications are the same, so you should never complete your visa application following the advice of someone else unless that person is an experienced immigration solicitor.
• Relying only on advice from the Home Office or UKVI: Like the point above, even the information you get from the Home Office or UKVI should not be relied upon solely. The call handlers are not legally trained, so if you have any questions you need to speak to someone who is.
• Simply not meeting the requirements: The requirements for receiving a UK visa are strict, meaning there is no room to manoeuvre. For example, if the basic salary required for a spouse visa is £18,600 and the applicant only earns £18,500, a visa will not be granted.
• Non-disclosure of information: Very little makes it past the Home Office, so if you have applied for a visa and not disclosed key information, such as a criminal conviction, it is more than likely your visa will be rejected.
• Applying for the wrong visa: There are a high number of visa options, so it is not surprising that some visa applications are refused because the wrong visa was applied for.

What to Do After Being Refused

Appeal Against the Decision

In some cases, you can appeal the decision to refuse your visa application. These reasons include:

• A human rights or protection refusal
• A decision to refuse a human rights claim for entry clearance
• A decision by the Home Office to deport you as a European Economic Area (EEA) National
• Your application for an EEA family permit as a family member of an EEA national was refused by the Home Office under the EEA Regulations
• Certain decisions about applications submitted before 6 April 2015

As you can tell, the basis on which you can appeal a visa rejection are limited and you may be unsure whether one applies to your situation. For that reason, your refusal letter will inform you whether or not you have the right to appeal.

If you do have the right to appeal, this will need to be launched within 28 days of the decision. If you have to leave the country, you will have 28 days once you have left. If you have already missed the deadline, you can still appeal, though you will have to explain why it is late. A tribunal will then decide whether to hear your appeal.

In order to appeal, you will need to fill in a specific form depending on what visa you applied for, so you should seek advice from a solicitor in order to ensure your appeal is submitted properly.

As part of your appeal, you can submit supporting documentation alongside the paperwork you originally provided. You can then choose whether you want your appeal to be decided solely on this documentation or at a hearing that you and your legal representatives can attend.

Apply for an Administrative Review

If you can’t appeal your visa refusal directly, you may be able to apply for an administrative review. This review is suitable if you suspect that there has been a case working error that resulted in your visa being rejected under the points-based system.

As the review is just of the administrative process, you can’t submit further evidence to strengthen your visa application, the exception being if you are asked to by the Home Office.

There are three different forms of administrative review depending on where you made your visa application.

1. If you made your application from outside the UK you must be outside the UK when you make your administrative review application. You have 28 days from the refusal letter to apply and you should be given a copy of the form you need with your letter.
2. If you made your application from within the UK and have been given the right to an administrative review you have 14 days to make the application (or seven if you have been detained). You will not normally be removed from the UK until the administrative review is completed.
3. If your visa was cancelled at the border you have 28 days from the date of the decision letter or notice to leave. If you were allowed into the UK, you will not normally be removed until the administrative review is completed.

Apply for Judicial Review

If you are confident that your application was submitted correctly and therefore re-applying will not yield a different result, a judicial review can be the best option. This is the process by which the Judges of the Administrative Court, and the Upper Tribunal (Immigration and Asylum Chamber) (UT) review the lawfulness of a decision or action made by the UK Home Office.

What is important to note is that a judicial review is not a reconsideration of your application, it is only a consideration of whether the law has been applied correctly and the right procedures followed. As such, no new evidence can be submitted at this stage.

Judicial reviews can be complex and should not be pursued without help from a solicitor.

Reapply for Your Visa

Since the majority of visa refusals result from an incorrectly submitted application, often the best course of action is to just re-apply for the visa, a process that can be started as soon as you have been refused and any appeal is concluded.

Since your letter should state the reason for refusal, you should have a clear idea of what went wrong. In the event that you are still not sure, an experienced solicitor should be able to advise you on what you need to do differently.

Speak to a Solicitor

The process of applying for a UK visa can appear simple, but in reality, it is extremely complex. For that reason, many people have their visa rejected because they simply have not put the application together correctly, or with enough detail.

If you have just been refused a visa, you should seriously consider using an experienced solicitor for your next application. Rejections of visas remain on the Home Office database, and while this will not stop you from getting a visa the next time, the last thing you want is to be refused multiple times.

So, if you have just been rejected, speak to Nayyars Solicitors about how we can help you appeal the decision, apply for administrative or judicial review, or re-apply for the visa.

Need a Lawyer in Levenshulme?

I reach a milestone this year. I have been a qualified solicitor for 20 years. For someone like myself that is a massive milestone. I am a Levenshulme girl born and bred. I attended a local primary school and then went on to Levenshulme High School (in the days we were known as “greenflies”!).

Over the years I have worked at various places but have now decided to set up an office in the part of Manchester I always call home. Nayyars Solicitors are based on Stockport Road opposite The Royal Nawaab Banqueting Hall. We specialise in a number of different areas of law including divorce, child contact, personal injury, medical negligence, immigration, employment, civil litigation and flight delay.

The team are dedicated to getting the best results possible for our clients. We will always go that extra mile for you. Having worked in a large law firm, my aim was to never allow any of our clients to become just another number. We deal with each and every case in a sensitive and compassionate manner. Our Team know first-hand how difficult and acrimonious the divorce process can be. We want to try and make the legal side of it as easy as possible for you.

We offer fixed fee appointments and can carry out the work on a staged basis with fixed fees for each stage. This way you always remain in control of how much the legal fees are. You can decide at any time that you do not want to spend any more money on legal fees and can inform us of this. We can also offer a payment plan when it comes to legal fees.

If you are looking for a solicitor to help with your divorce or child contact then give us a call. I am happy to see clients at their first appointment but am not always in the Levenshulme office so make sure you state you want an appointment with Ayesha!

It would be my pleasure to help resolve any of your legal issues.

How to Prove Medical Negligence

Medical negligence can leave a lasting impact, both physically and emotionally. If you think you have been the victim of negligent care by a medical professional, a good way to begin healing some of the damage is by making a claim.

However, medical negligence claims are rarely straightforward and many people struggle to prove that they are even a victim in the first place. For that reason, collecting enough evidence for your claim is vital.

When it comes to proving your medical negligence claim, there is no substitute for an experienced solicitor. In this article, we are going to share some of the steps you or your solicitor will need to take in order to prove that medical negligence actually took place.

Determining Whether You are a Victim of Negligence

When it comes to illness or injury there is always the risk that even with the right care, treatment can fail. This poses a challenge for potential victims of negligence, as the first question is always whether the damage was the result of bad care or the underlying medical condition.

So, before you embark on your claim, you need to ensure what happened to you definitely qualifies as negligence. You will need to speak to a solicitor for a definitive answer when it comes to your case, but for now, here is a general definition:

• You must have been owed a duty of care by a medical professional
• That duty must have been breached
• As a result of the breach, you must have suffered a physical and/or mental injury
• The injury you suffered must have resulted in a loss

How to Prove Medical Negligence

While it may seem obvious to you that medical negligence took place, it is up to you to be able to prove it in court. With this burden of proof on your shoulders, the effective gathering of evidence becomes paramount.

This evidence can come in all shapes and sizes depending on the specifics of your claim, but below are five common forms of evidence to gather.

1. Collect Medical Records

The first step in proving medical negligence is collecting your medical records, a task ordinarily completed by your solicitor. This will allow you to build a picture of the underlying issue you required treatment for and scrutinise whether the care you provided was reasonable.

Alongside demonstrating why you required care, reviewing your records is important for identifying other relevant medical entries that could impact your case. While this information will not necessarily affect the amount of compensation you receive, it may need to be referred to in the expert’s report – something we will look at in more detail later.

2. Track Your Injuries

Depending on the nature of your injury, you may be able to track its progression with photographs. They say a photo is worth a thousand words and this is certainly the case when it comes to medical negligence, as it can save you trying to describe your injury.

Photos can then be used together with the opinions of an expert to draw a comparison between what the outcome of your treatment should have looked like, and what it actually looked like.

Alongside photographs, you can also track your injuries by keeping notes on how they are impacting you each day. At the very least, these notes will allow you to easily recall how your injury progressed.

3. Document the Impact

It goes without saying that medical negligence will have serious ramifications on your health, but you should also be sure to document the impact it has on your day to day life.

This could include noting when you first became aware that you may have experienced negligent treatment and keeping your own records of medical appointments, including the treatment provided and any advice you are given.

In order to accurately calculate the damages you will claim for, you should also take care to track any expenses you have incurred as a result of the negligence. This could include travel for appointments, loss of earnings, the cost of private medical treatment or therapy, and the purchase of equipment, such as a wheelchair.

4. Look for Witnesses

The next step in the evidence-gathering process is to look for witnesses who can provide statements relating to the negligence. The closer to the point of negligence the better, so, for example, another medical professional present would be ideal, though this is not always possible.

At the very least, you can provide your own witness statement. You can also gather statements from your family and friends to provide insights into how the negligence has impacted your life.

5. Gather Medical Experts

One of the most fundamental parts of the evidence-gathering process is speaking to a medical expert who can provide a report on your condition and when or if you are likely to fully recover.

This is essential in determining not only whether medical negligence took place, but also what damages you can claim for. Without an expert, it is extremely difficult to prove that the care you received was negligent, simply because it is unlikely you will have the required experience or knowledge.

An expert’s report can be organised by your solicitor and aside from strengthening your case, can, in some circumstances, also provide you with some closure when coming to terms with how the negligence will affect your life.

Difficulties in Proving Medical Negligence

Throughout this article, we have highlighted the need to use a solicitor when putting together your medical negligence claim. The reason for this is that medical negligence claims are notoriously complex and often throw up difficulties that require legal expertise.

Common difficulties people face in medical negligence claims include:

• Proving harm was caused by negligence and not the underlying condition that was being treated.
• Passing the ‘Bolam’ test and proving that the medical professional did not act according to accepted and proper practice.
• Passing the ‘Bolitho’ test and proving that the defence of the medical negligence (eg. the body of doctors and supporting witnesses) cannot withstand logical analysis.
• Finding an expert that can speak authoritatively on your injury and the care that you were provided.
• Proving ‘invisible’ injuries. Where negligence has resulted in damage to your mental health, gathering proof of the existence and extent of the injury can be extremely difficult.

How Long Do You Have to Prove Medical Negligence?

If you suspect you have a medical negligence claim then time is of the essence. In most cases, the time limit for bringing a claim for medical negligence is three years. That means three years start from the date of the negligence or from the date that you have knowledge of certain facts that make up your claim, as is set out in the Limitation Act 1980.

In some cases, this time limit is different. For example:

• Children who have experienced negligence have three years from the start of their 18th birthday.
• Those who experienced negligence when they were unable to deal with their affairs have three years to make a claim once they regain the ability to do so.
• The court can allow claims outside the three years if they think there was a good reason for the delay.

What is important to realise is while three years may seem a long time, it can be quite a tight deadline when you consider how much evidence you need to gather before your claim can be made.

Start Your Claim

Proving medical negligence is no simple task. Therefore, it can take a long time to build a strong case, which is why you should speak to a solicitor as soon as possible.

If you suspect you may have a valid medical negligence claim, get in touch with Nayyars’ Solicitors to find out how we can help you.

What Does a Child Arrangement Order Include?

When a relationship breaks down, it can be difficult for two parents to agree on who gets custody of the children. Unsurprisingly, this can lead to unwanted stress and tension and can result in an environment that is not good for you or your children.

In these situations, it can be necessary to ask the court to break the deadlock and decide on a child’s living and/or contact arrangements. This can be done by applying for a Child Arrangement Order (CAO).

A CAO is a legal agreement between the court and parents or guardians and determines what is best for the child. Since the best interests of the child are always the priority, the court has wide-ranging powers when it comes to what should be included in a CAO.

Therefore, when it comes to applying for a CAO, there is no guarantee that you will get the exact outcome you were looking for. For that reason, you should always seek the help of a professional solicitor before making an application.

What Do Child Arrangement Orders Include?

What is Best for the Child

As we touched up, a CAO is not about what is best for you. Its only priority is what is best for the child. As such, an officer from the Children and Family Court Advisory and Support Service (CAFCASS) is regularly assigned to spend time with your family and provide a report and recommendations.

When speaking with CAFCASS, it is important to provide your full cooperation, as any outstanding safeguarding information could result in the court adjourning at your first hearing and the process being delayed.

The Child’s Living Arrangements

One of the most common reasons for applying for a CAO is to determine who your child or children live with. In the past, the idea of determining a primary and secondary carer was common. However, the courts are now moving away from this frame of mind.

Instead, the courts are now trying to promote a sense of equality among both parents. So, alongside deciding your child’s permanent residence, a CAO often also includes details about where and when a child will spend time with their non-custodial parent or guardian.

The Child’s Contact Arrangements

Along with living arrangements, who a child has contact with and how they do so is another common subject of CAOs.

When it comes to contact arrangements, CAOs can be quite specific and can include orders on how direct and indirect contact is to be conducted. This could include rules on overnight visits, phone and email contact, and even whether contact between a parent/guardian and a child needs to be supervised.

Specific Issues

If you and the child’s other parent or guardian are disagreeing on a specific issue, a CAO can be used to come to a resolution. A specific issue could be anything from what school your child should attend, to whether they should be raised under a particular religion.

Prohibited Steps

If there is a concern that one parent will take an action with the child that the other does not want, a prohibited steps order can be made to stop the action. For example, a prohibited steps order may be used to stop a parent leaving the country with the child.

How to Apply for a Child Arrangement Order?

Who Can Apply?

While the majority of CAOs are requested by parents, it is possible for others to make an application. People who can apply for a CAO without the permission of the court include:

• Parents, guardians or special guardians of the child
• Anyone who has parental responsibility for the child
• Anyone who already has a residence order for the child
• Any spouse or civil partner, so long as the child is part of that family
• Anyone with whom the child has lived with for more than three years

If the list above does not apply to you, that does not mean you can’t apply for a CAO, it just means that you will need to apply to the court for permission first.

What Will the Court Consider?

When it comes to what the court will base its decision on, the following considerations will play a role:

• The wishes and feelings of the child (taking into consideration their age and understanding)
• The physical, emotional and educational needs of the child
• The possible impact on the child if their circumstances change
• The child’s age, sex, background and any characteristics that the court considers relevant
• Harm the child has suffered or is at risk of suffering
• How capable each parent is of meeting the child’s needs

Making an Application to the Court

A Child Arrangement Order is made under Section 8 of the Children Act 1989, and while anyone can apply for one, it is wise to seek the support of an experienced family solicitor. This is for the simple reason that every CAO comes with its own unique complexities that need to be navigated.

Before issuing an application you will most likely need to attend a Mediation Information and Assessment Meeting (MIAM) and invite the other party. Here, a mediator will discuss the dispute and assess whether mediation can be used to resolve the issue.

If mediation is suitable, much of the time and stress needed to apply for a CAO can be avoided. Of course, in some cases, such as in allegations of domestic violence, mediation will not be suitable, and for exceptions like this, you do not need to attend MIAM.

Where mediation is unsuitable or breaks down, you can then make an application to the court, confirming that you either attended MIAM or provided a reason for non-attendance.

Once your application has been issued, the case will be allocated to a judge or magistrate. The application will then be referred to CAFCASS, who, alongside speaking with your family, will also gather relevant information from the local authority and police.

Attending Court Hearings

As part of your application for a CAO, you will need to attend a series of hearings. The number of hearings will vary, depending on the specifics of your case and how much evidence needs to be filed, but there are broadly three stages:

• First Hearing Dispute Resolution Appointment (FHDRA): In this first hearing, all parties (except children) must attend so the points of dispute can be determined and any possible resolutions explored. If an agreement is reached, the judge can make an order, otherwise, the judge will highlight the issues which remain in dispute. Both parties can be ordered to prepare statements on which they will rely on.
• Dispute Resolution Appointment (DRA): If CAFCASS has been ordered to prepare a report, a DRA is scheduled to hear the report. An attempt will then be made to resolve the issues in dispute by hearing evidence from all parties. If an agreement is reached an order can be made. If not, a final hearing is scheduled.
• Final Hearing: The court will consider all relevant evidence that has been submitted and make a decision about the issues in dispute. Both parties and their legal representatives may be asked questions by the court. After this, the court will make an order deciding the issues in dispute.

Conclusion

CAOs have the power to bring stability and clarity to your life, and most importantly, the life of your child. However, with the decision of the court being final, it is important to ensure your application, evidence and overall case is strong.

For that reason, you should always seek professional legal advice before embarking on an application for a CAO. That way you can identify exactly what you want your Child Arrangement Order to include and give yourself the best chance of achieving the right outcome.

So, if you are considering a Child Arrangement Order, speak to Nayyars’ team of family solicitors to find out how we can help you.

Injured in an Accident

Accidents can happen when we least expect them to. We recently acted for a client who was in a car park waiting for someone when he had an accident. He was wearing trainers and in theory should have been safe from any hazards on the floor. However, when he was getting out of the car he didn’t realise what was on the ground and found himself slipping and falling badly. When he looked at what had caused him to fall, he saw that it was a pool of oil. He was immediately in immense pain and realised he had serious injuries.

Thankfully, passers-by came and helped him. They realised his injury needed medical attention and called an ambulance. He had landed on his ankle when he had fallen on the metal barrier in the car park. There was a lot of bleeding from the injury. He was taken to the local hospital. He needed to have stitches and was left with scarring. He also injured his back and was in pain for many months. It was an accident that should never have happened.

Car parks have to be safe for road users. Not just those driving the cars but pedestrians who are walking around in them. At first, the Defendant’s Insurance Company denied fault. They said that they had no record of the incident as he did not report it at the time. Admittedly, he did not fill in an Accident Report Form. When we asked our client about this, he said he was more concerned about getting the right treatment and being taken to hospital for his injury. This was a good enough explanation.

We investigated fully and obtained his medical records. These included the ambulance records which noted the reason of the fall. This was a contemporaneous record of what had happened and the proof he needed. We also obtained confirmation from his workplace of the reason he was not able to work.

We were able to secure a significant sum of money as compensation for his injuries.

If you have been involved in an accident that was not your fault, then give our Personal Injury Team a call today on 0161 491 8520.

Marrying a Non-UK Citizen Abroad: What Documents Do You Need?

When getting married, paperwork should be the last thing on your mind. Unfortunately, for those planning to marry a non-UK citizen abroad, having the correct documentation is an essential element of marital bliss.

Without the right paperwork, you run the risk of your marriage not being recognised in the UK, which only makes the prospect of one day settling in the UK that much harder for you and your spouse.

While collecting the right documentation can appear confusing, with the right help it does not have to be a headache. In this article, we are going to highlight some of the documents you may need to collect in order to get married stress-free.

Before we do, though, it is important to note that with nearly 200 countries in the world, the specifics of what documentation you will need will vary greatly depending on where you are getting married. This article will give you some insights, but it is by no means exhaustive, and you should always seek your own legal advice before planning a wedding abroad.

Are Overseas Marriages Recognised in the UK?

When many people get married abroad, the assumption can be that paperwork is required for the marriage to be recognised in the UK but this is not the case.

In fact, there is no need to register an overseas marriage, as the assumption is that your marriage or civil partnership is recognised so long as the following applies:

• The correct procedures for marriage were followed and therefore the marriage is recognised by the country you got married in.
• The marriage would be allowed under UK law, for example, it is not a polygamous marriage.

In rare cases, the validity of your marriage or civil partnership can be challenged. In these cases, you may need to provide certified or original copies of your marriage documents. If these are in a foreign language, you may also need to provide a translated version.

So, you do not need any specific documentation to register a marriage in the UK, but what about getting married in the first place?

What Documents Do You Need?

As mentioned, in order for your marriage to be recognised in the UK, it needs to have been conducted lawfully in the country of your choice. This means you need to follow the correct procedures, and that is where having the right documentation becomes so important.

What these documents look like depends on a number of factors, including:

• Where you want to get married
• Where you live
• Your partner’s nationality
• Whether your partner is of the same or opposite sex

That said, there are some common documents you may come across.

Certificate of No Impediment

A Certificate of No Impediment (CNI) is commonly required for UK citizens, living in the UK, who want to get married overseas.

A CNI an official government-issued document used to prove that there is no impediment or obstruction allowing you to be married. For people living in the UK, the process of obtaining a CNI is simple, with you just having to contact your local Registry Office.

Notices will then be placed and your document will be issued 28 days after your application is made.

Statutory Declaration

In some cases, alongside your CNI, you will also need to provide a statutory declaration to the authorities abroad. Statutory declarations can contain information in addition to that included within your CNI.

Unlike a CNI, statutory declarations can be a little straightforward to get hold. Of, you can often request the correct form from local authorities in the country in question and fill it out yourself. You will then just need a solicitor or public notary to stamp your form.

Affirmations and Affidavits

Since a CNI requires you to live in the UK, British citizens living abroad require a different form of documentation. This comes in the form or either an affirmation or affidavit that you are free to marry.

Typically, you will need to make an appointment at the British embassy or consulate in the country you are getting married in and complete either an ‘affirmation for marriage’ (non-religious) or an ‘affidavit for marriage’. To do this you will need to provide supporting documentation, such as your passport, proof of residence and decree absolute or death certificate if you have been divorced or widowed.

Your partner will need an affirmation or affidavit also and since your document will be in English, you may then need to get it translated into the local language and certified as genuine.

General Documents

Alongside the specific paperwork referenced above, there are some more general documents you will likely need. These include:

• Valid 10-year passport with at least six months remaining on it
• Full birth certificates
• Deed poll proof of any name change
• Decree absolute, if divorced
• Marriage and death certificates of a deceased spouse, if widowed
• Adoption certificate, if adopted

Marrying in Commonwealth Countries

In some cases, you may find that the UK does not issue CNIs or affidavits for marriage. This is most commonly seen in Commonwealth countries.

Frustratingly, there is often confusion among local authorities in the country who may still request a CNI. In this situation, there may be other documents you can request. For example, in South Africa, you can get a letter to explain that you are allowed to marry.

What if There is No British Consular?

If you are living abroad in a country without a British embassy or consulate, then you may find it difficult to pull together the correct documentation.

In these cases, you can contact local authorities to try and learn more about what documentation you need, but the best thing to do is contact a solicitor.

What if You Got Married without Documentation?

Love has a way of sweeping us all up, so in rare cases, you may find yourself at a marriage ceremony without the correct documentation. This can have serious ramifications in the future, especially if you are planning on returning to the UK.

If you suspect that you may have been married without the correct documentation, speak to a solicitor as soon as possible to learn what options are available to you. For now, though, let us look at two scenarios.

You Got Married Without a CNI or Affidavit

If you got married abroad without a CNI or affidavit when one was required, it is possible that the marriage was not administered legally. As we mentioned at the beginning of this article, for your marriage to be legally recognised in the UK, you need to have followed the correct procedures.

If your marriage is not administered legally, the likelihood is that you will not receive the required valid marriage certificate.

You Do Not Have a Valid Marriage Certificate

If you got married following the correct process in the country but were not provided with or have since lost your valid marriage certificate, you can apply to the court for a declaration of marital status.

Bringing Your Spouse to the UK

If you intend to return to the UK with your spouse after getting married, then you will need a Family of a Settled Person (‘Spouse’) Visa. It is often assumed that by getting married, your spouse can automatically live in the UK, but this is not the case.

In order to qualify for a visa, your husband or wife needs to meet a number of strict eligibility criteria, including around finance. So, be sure to speak to a solicitor before you begin the application process.

Getting Married Abroad?

Getting married abroad should be a joyous experience, so the last thing you want to be worrying about is paperwork. However, with every country having its own requirements, knowing what documentation you need can be a confusing puzzle.

You can avoid last-minute stress by speaking to Nayyars Solicitor about what you need to do to marry a non-UK citizen abroad. Get in touch to learn more.

I am Thinking About Getting a Divorce – What Do I Do?

Getting a divorce can be a very stressful time in your life. That is why it is always best to get a solicitor to act on your behalf. Hopefully, this will ease some of the pressure off you.  Here at Nayyars, we can advise you on all aspects of getting divorced, helping you to separate from your former partner as quickly and cost-effectively as possible, while minimising the potential for conflict.

You may not want to get officially divorced. You can come to a financial agreement even if you do not divorce. Once you come to an agreement, you can consult a solicitor to make this legally binding so there is no confusion, for example a Clean Break Order. A ‘clean break’ in financial terms is about dividing your assets and once this is done there are no other ongoing financial ties between you (apart from childcare). Again, this is best done with a solicitor acting on behalf of you and it is always recommended parties take legal advice.

If your marriage has irretrievably broken down then you may be at the stage where a legal divorce is needed.

According to recent divorce statistics, 42% of marriages in England and Wales end in divorce and the most common reason when people petition for divorce is “unreasonable behaviour”. The first step in any divorce is knowing the reason for your divorce, this can be 1 of the 5 grounds for a divorce in the UK. Once this is decided, you can start the process and you will need your marriage certificate. There are various steps in a divorce:

Step 1 – applying for the divorce. You or your acting solicitor will need to fill in a D8, which is the divorce petition. This sets out the reasons for the divorce and if the reason is adultery, the third-party name will be stated on here. Once this is checked by the court you will be sent a notice that your application has been issued, and a case number. The court will then send your husband or wife the divorce application and an ‘acknowledgement of service’ form. Your partner will need to respond to this form.

Step 2 – applying for a decree nisi. A decree nisi is form D84 which says that the court does not see any reason why you cannot divorce, and you can apply for a decree nisi if your partner does not defend your divorce petition. Along with this, you must fill in a statement of truth which clarifies what you stated in your divorce petition was true. If the judge agrees, the court will send you and your husband/ wife a certificate. This will tell you the date you’ll be granted a decree nisi, which will be 6 weeks and 1 day before you can apply for a ‘decree absolute’ to end the marriage.

Step 3 – applying for a decree absolute, form D36. The court will finally check that time limits have been met and there are no other reasons not to grant the divorce. Once you are granted the decree absolute, you are divorced, no longer married and free to marry again if you wish!

If you are considering getting divorced, then you can contact our Family Law Team on 0161 225 1223 and we can guide you through it.

How to Handle Disputes with Builders

For most of us, our home is our most precious possession. So, when you invite a builder to work on your property, it is not unusual to feel a little trepidation.

In the majority of cases, a builder delivers what you pay for, but for an unlucky minority, bad workmanship can result in unwanted stress and additional costs.

When you are left with low-quality building work it is easy to feel like there is little you can do but this is not the case. If handled properly, disputes with builders can be resolved amicably and do not have to take over your life.

In any dispute, the aim should always be to avoid court action, which is why we are going to share simple steps you can take to try and resolve any issues quickly.

For cases where court action appears inevitable, ensure you speak to an experienced solicitor as soon as possible.

1. Give Them a Chance to Put Things Right

In dispute resolution, communication is always key to avoiding a lengthy and costly court case for both parties. So, while it can feel awkward, the first step in handling any dispute with a builder is to raise the issue and give them a chance to put it right.

In many cases, the dispute can be resolved there and then. However, even if court proceedings are looking likely, this offer of redemption is still important.

When taking a claim to court, the conduct of both parties can come into play. Therefore, if you can demonstrate you attempted to reach an amicable resolution early, you are more likely to stay on the court’s good side.

Do not shy away from asking your builder to put things right. When you do so, ensure you put a strict but reasonable deadline on when the work should be completed by and make sure it is in writing, such as an email or letter.

Finally, if you have any push back from your builder about substandard work and have a contract, remind them that under the Consumer Rights Act 2015, contracted traders must perform their service with reasonable skill and care.

2. Speak to Another Expert

In the event that your builder is incapable or unwilling to resolve the issue they created, it is time to start preparing for a possible future claim for damages.

It goes without saying that in order to claim, you need an idea of what it will cost to make the necessary fixes. Therefore, speak to another expert so they can assess the damage caused and give you a quote for what it would cost to resolve.

Not only will this help you determine the validity and extent of your claim, but it will also highlight what you need to do to avoid further damage or risks to safety.

If there are steps you need to take to avoid further damage, make sure you do so quickly. At this point, you will have a ‘duty to mitigate’ meaning you need to make reasonable steps to limit the resulting harm.

For example, if you had a hole in your kitchen wall, you could not expect to leave your units exposed to the weather for months and then claim for the resulting damage to them. You would need to take reasonable steps to fill the hole.

3. Document Everything

When using any builder, it is always wise to document the progress of their work in case of a future dispute. Doing so will ensure you have a wealth of evidence to strengthen your claim.

Of course, the first piece of documented evidence you are likely to have is a contract. In the event that you do not have a contract, look for any documentation that describes the terms on which the work was agreed.

Aside from a contract, there are a variety of other forms of evidence you can gather. These include:

• Photographs of the work provided
• Emails, letters, texts and any other communication you have had with your builder
• Notes of any conversations you have had

4. Make an Official Complaint

If you have given your builder a chance to make things right, sought a second opinion, have evidence of the damage and still not reached a resolution, it is time to make an official complaint.

Depending on the size of the company you used, it is possible they may have their own complaints procedure. If this is the case, you should begin by lodging a complaint with them.

If your builder’s company does not have a complaints process, try to identify whether they are a member of a trade association. If they are, there may be a dispute resolution scheme you can use via the trade association.

In the event that you can not lodge a complaint via the company or the trade association, it is time to speak to a solicitor and draft a letter. Unlike any communication you may have sent previously, this letter will describe the basis of your claim, the damages you have incurred and the legal steps you will take if the dispute is not handled.

Sending a letter will showcase how serious you are, but it is key that everything you include is accurate, which is why you should always seek the help of a solicitor.

5. Consider How You Paid

Before we go on to look at how you can handle a dispute with builders in court, it is worth pointing out that how you paid could play a role.

If you paid your builder via PayPal or with a credit card, you may be able to recover some or all of the money. In the case of credit cards, the recovery is made using Section 75 of the Consumer Credit Act 1974.

Likewise, if the building work was insured you may be able to claim from your insurance company. You can also check your home insurance to see if you have any legal cover for building disputes, in which case you should speak to a lawyer.

6. Go to Court

If you have been unable to come to an agreement with your builder or dispute resolution has failed, it is likely that the matter will need to be settled in court. At this point, it is important to speak to a solicitor to get a clear understanding of what you need to do to give you the best chance of success.

The size of the claim you are making will determine which track your claim will take through the county court. For claims of less than £10,000 (or £1,000 or less if the claim is for personal injury or housing disrepair), the case will be allocated to the small claims track. Claims of £10,000 to £25,000 are typically dealt with the fast track, while larger more complex claims are dealt with on the multi-track.

While every dispute will need its own unique strategy, below is a rough idea of what to expect from the court process:

• Your solicitor will issue proceedings to the court. This involves putting together a summary of your case, including the legal basis for your claim and how much you are claiming.
• A copy will be sent to the defendant and they will be given 14 days to respond to the proceedings. They will either submit an admission, meaning they accept the claim, a defence, meaning they dispute all or part of the claim, or an acknowledgement, meaning they intend to defend all or part of the claim (in which case they get an additional 14 days to submit a defence).
• In some cases, the defendant will not provide a response, in which case you can apply to the court for a default judgement.
• If the claim is defended, a date will be set for the court to rule on the claim.

When it comes to handling builder disputes in court, every case is different and should not be pursued without the help of a solicitor.

Have a Dispute with a Builder?

Where you think a dispute with a builder can not be resolved amicably, your first step should be to speak to an experienced solicitor.

Without one, you may struggle to build a strong case. After all, you do not want to lose your money because, for example, you did not collect the right evidence or submitted court documents incorrectly.

So, if you have received work from a builder that has fallen well below the standard agreed or expected, speak to Nayyars Solicitors to find out how we can help you.

How to Protect Your Finances in a Divorce

Going through a divorce is difficult enough without having to worry about your financial future. Whether you have your own assets that you want to keep hold of or you are concerned that your ex-partner is trying to hide money from you, understanding how to protect your finances in a divorce is essential.

With this in mind, we are going to look at what steps you can and can not take when ending a marriage.

How are Finances Split in Divorce?

If the decision to divorce is mutual, you may find it relatively easy to agree who gets what. If, on the other hand, there is a dispute, the court may need to step in.

Regardless of whether your divorce is amicable, it is important to understand how finances are split in the eyes of the court. Contrary to what many think, it is not simply a case of who owns what.

Instead, a court will look at a series of factors for each spouse, including but not limited to:

• Income and earning capacity
• Financial dependencies, obligations and responsibilities
• The standard of living enjoyed
• The duration of the marriage
• Physical or mental disabilities
• Contributions made or likely to make to the welfare of the family
• Conduct

Thanks to the variety of factors that can impact the court’s decision, finances can be split in a number of ways, meaning you could be awarded assets you would not ordinarily expect.

For this reason, you should never agree on a settlement without consulting a  solicitor.

Is There a Penalty for Hiding Assets?

Before we look at how to protect your finances, let us answer a common question about hiding assets.

In many divorces, a spouse may attempt to hide assets in order to reduce the settlement they have to make. If you suspect your ex-partner is trying to do this, it is important to contact a solicitor as soon as possible, as there are steps you can take to stop this (which we will look at later in this blog).

If you are considering attempting to hide assets yourself, we would not recommend it. The courts have wide-ranging powers to ensure all finances and assets are disclosed and even returned if they have already been moved.

Therefore, it is unlikely that you or your ex-partner would be able to successfully hide finances and attempting to do so could negatively impact the settlement you receive.

Even if finances are successfully hidden at the time of the divorce, the future discovery of them could result in the case being reopened and a different order being made.

How to Protect Your Finances in a Divorce

Identify What is Yours

While your divorce finances will not be settled on the basis of who owns what, a good starting point is always to identify what you own, what your ex-partner owns and what is jointly owned.

Where there are assets that technically belong to your ex-partner, but which may impact your final settlement (such as property), there may be steps you can take to ensure they are not sold without your consent.

Stop Assets Moving

We previously mentioned that there are legal steps you (or more likely your solicitor) can take if you are concerned your ex-partner may try to move or hide assets. These include:

• An order under section 37 of the Matrimonial Causes Act 1973 to either prevent the disposal of assets or require the return of assets previously transferred.
• A freezing order, which also prevents the disposal of assets but has further reach to apply to assets overseas and assets that have not yet come into existence, such as a pension.
• Search orders, which are rarely used due to their cost but can be very effective in identifying hidden assets.

Protect Your Home

For most couples, their home will present the most valuable asset in the divorce. In the event that your family home is owned solely by your ex-partner, you can register Matrimonial Home Rights with the Land Registry.

This will ensure that the home cannot be sold or remortgaged without your consent.

If you both own the property as ‘joint tenants’ then you may wish to change this to owning the property as ‘tenants in common’.

You will both still own the same amount of the property, but your half will not automatically transfer to your ex-partner should you die before the divorce is finalised. Instead, you could leave your portion to your children as part of you will.

Mortgages and Rent

If you have a mortgage on your family home or rent it, you will need to inform either your mortgage provider or landlord of your divorce, so you can take either your name or your ex-partner’s name off the associated documentation.

If you do not take this step, you will still be liable for the payments. For example, if you moved out of the family home and your ex-partner failed to pay the mortgage, you would be liable for the cost. The same goes for rent.

Banks, Credit Cards and Loan Providers

You will need to inform your bank and other lenders of your divorce if you have shared accounts or debts.

You can ask your bank to change the set-up of the account so any withdrawals need to be agreed by both of you and can even freeze the account if you need to, though both of you will need to consent to unfreeze it.

If your wage is paid into a joint account, consider changing this if you are worried your ex-partner will not agree to you taking the money out.

Clean Break Order

Technically, divorce proceedings only dissolve a marriage and do not automatically end any financial obligations you have to your ex-partner, such as ongoing maintenance.

If you would rather draw a line under your divorce and go your separate ways, you can apply to the court for a Clean Break Order, which declares each person is waiving their rights to make a financial claim against their ex-spouse.

If you think you may want to apply for a Clean Break Order, ensure you seek professional legal advice.

What Not to Do

Alongside what you can do to protect your finances during a divorce, there are also some things you should not do if you want to have the strongest possible case. These include:

• Failing to Declare Assets: For reasons we have already covered, hiding assets never works. Deliberately failing to declare assets could even be treated as contempt of court, meaning you could face a fine or worse.
• Leave the Home: There are many reasons why you may need to leave the family home during your divorce, but, if possible, it is wise to stay. This is because leaving may result in the remaining spouse having a stronger claim that they need the property as they have the main care of any children. They may also be more comfortable financially and, therefore, less motivated to act quickly.
• Move in with a New Partner: Moving in and sharing bills with a new partner can impact your divorce, as the court will consider this cohabitee a potential resource, meaning their finances will have to be disclosed and could impact your settlement.
• Open Private Finance Documents: You may be used to opening your spouse’s bank statements or reading their emails but you will need to stop. This evidence will be inadmissible in court and you may even be breaking the law in gathering it.
• Reach an Agreement without Expert Advice: Even if your divorce is amicable, you should not agree on the financial terms of your divorce without the advice of a solicitor. As we saw at the beginning of this blog, you may be entitled to more than you think, so always consult a solicitor.

If you are considering a divorce or currently going through one and have concerns that your finances are not protected, get in touch with Nayyars Solicitors to learn how we can help you.