When couples decide to initiate divorce proceedings, emotions can run high and spouses naturally want to protect themselves financially for the future – however, financial disclosure is not only important but a legal court requirement in all divorce cases.

What Is Financial Disclosure?

Financial disclosure is the obligation on both spouses to provide full and honest details of their financial circumstances, including income, property, assets and pensions, to each other and to the court.

This means individuals cannot hide recent transactions, such as an inheritance or family gift, or any financial events that may happen in the near future, such as the sale of a business venture, or knowingly not provide the full financial facts to previous partners and the court in a bid to secure a better financial divorce settlement.

What Happens If You Think Your Ex Is Not Declaring All Their Finances?

Divorces can be bitterly contested and sometimes allegations of non-disclosure are made, and even of fraud, against spouses who have disclosed incomes and assets less than anticipated. In cases like these, proving your suspicions can be difficult as obtaining the evidence needed for the court is not always possible.

Supreme Court Guidance For Non-Disclose

In October 2015, the Supreme Court ruled in two family cases, Sharland v Sharland and Gohil v Gohil, that the husband in each case had deliberately withheld financial information which impacted on the divorce settlement. The existing Court Orders were put aside and the cases re-opened as a result of this ruling.

There is generally a zero-tolerance approach from Judges for non-disclosure in divorce cases, which means even if you’re unable at the time of your divorce to prove your spouse is withholding information or lying about their financial situation, you may be able to take action at a later date by asking the court to re-open your case if you find new evidence.

There can be grounds for re-negotiating settlements if the court finds the Court Order was based upon dishonest or non-disclosure at the time of the divorce – and the onus is then on the accused to show that non-disclose would not have made a difference to the settlement.

We Can Help You Through Your Divorce

If you’re going through a divorce and think your ex-spouse is not declaring all their finances, or you’re unhappy with your Court Order, our divorce lawyers are here to help. We have extensive experience of helping clients achieve the best possible outcome, including a fair financial settlement.

For legal advice and guidance regarding your divorce, please contact Bartletts Solicitors on freephone 0800 988 3674 or email advice@bartletts.co.uk

Self-employed beauty therapist wins compensation for loss of earnings

When you work for yourself, taking time off is not an easy option. If you are unable to work because of ill health your income and livelihood can be severely affected. For self-employed business owners such as mobile hairdressers and beauty therapists, you could face losing loyal clients with long-term implications for your revenue stream, unless you can find replacement staff.

That is why, if you are self-employed and injured in an accident that was not your fault, you need an experienced personal injury lawyer who fully understands the implications for you and your business.

Bartletts personal injury solicitors in Wrexham recently helped a self-employed mobile beauty therapist win a substantial amount of compensation after she was injured in a road traffic accident.

The 30-year-old lady was driving home from work when an uninsured driver pulled out from a side road, and hit the side of her car causing her to collide with parked vehicles.

She was taken to hospital and diagnosed with soft tissue injuries to her knee, wrist and neck. The level of her injuries severely restricted the movement in her hands and she was unable to perform in her role as a beauty therapist, so she had to employ someone else to take over her clients.

When she came to see one of Bartletts expert personal injury lawyers in Wrexham, we quickly arranged for the beauty therapist to receive physiotherapy to help her get back on the road to recovery.

As the other driver was uninsured, we successfully helped her make a claim for compensation for personal injuries and compensation for loss of earnings from the uninsured drivers unit of the Motor Insurers Bureau.

If you have suffered an injury in an accident that was not your fault get in touch with us today.

Call Chester 01244 405 399 or Wrexham 01978 360056 or email advice@bartletts.co.uk

Pensioner wins compensation for supermarket injury

When you go into a shop, the shop owners have a duty of care to ensure that you are safe while you are on the premises. If this duty of care is not properly exercised, including by any the employees of the shop or supermarket, then the owners can be held responsible.

This was the case for an 80-year-old pensioner who came to see Bartletts personal injury solicitors in Wrexham after being injured in his local supermarket.

He was shopping in his local supermarket, and reached up to take an item from a shelf. The goods on the shelves were over stacked, so when he pulled one item off the shelf, the rest of the items fell onto him. The elderly gentleman fell backwards and hit his head on the shelf behind him.

The supermarket called an ambulance and he was taken to the accident and emergency department of the local hospital, where he was examined and had an x-ray. He had suffered soft tissue injuries and continued to suffer significant pain in his ribs, back and head.

The elderly gentleman was very shaken up following the accident and lost confidence. He required care and assistance from family members following the accident that he did not require before and he needed help with transport as he did not feel able to drive.

He was offered physiotherapy by the supermarket’s insurance company but he opted not to take it as he wanted to resolve the matter quickly due to his age and deteriorating health.

Bartletts Solicitors were his top choice of personal injury lawyers in Wrexham. We quickly helped him make a personal injury claim from the supermarket and their insurers.

The supermarket admitted their responsibility and we successfully negotiated a good amount of compensation for personal injuries, including recovering an amount to represent the care and assistance he had received from his family and extra costs of travelling expenses.

If you have suffered an injury in an accident that was not your fault get in touch with us today.

Call Chester 01244 405 399 or Wrexham 01978 360056 or email advice@bartletts.co.uk

With property prices increasing, saving up for the necessary deposit for a first home is getting harder and harder for young people – which is why more and more young are turning to the so-called bank of Mum and Dad. However, there are lots of issues that should be carefully considered before going ahead, either as the parent lender or the child receiving the money.

What Is The Bank Of Mum And Dad?

The bank of Mum and Dad refers to the increasingly common phenomenon of parents helping their children to buy their first home.

While it’s only natural for parents to want to help their children, and enable them to get on the property ladder as prices are so high and young people can be priced out of the market otherwise, it’s important to consider all the implications first.

Rhiannon Edwards, Residential Conveyancing Solicitor at Bartletts Solicitors, comments: “An estimated quarter of parents now provide the deposit for their child’s first home, and this high proportion is certainly the case with our clients. Most parents plan extensively before deciding to be the bank for their child’s first home, but not all do – and it’s so important to seek professional legal advice before handing over the money as parents or receiving the money as the child.”

3 Top Tips For Bank Of Mum And Dad Use

If you decide to be the bank of Mum and Dad for your child’s first home purchase or to use the bank of Mum and Dad to buy your own place, make sure you decide how this is done and think of any implications first.

1. As a Gift
   If you decide to gift the money to your child, it’s important to be aware that there will be inheritance tax to pay on this amount if you die within 7 years of making the gift, and that you and your child understand this. Also, you need to decide on the details of the gift, for example, is it purely for your child or is it for your child and partner? And if it’s for both, what happens if their relationship breaks down?
2. As a Loan
   If you decide to loan the money to your child, put an agreement in place beforehand to avoid any confusion and prevent any heartache at a later date. With a formal agreement, everyone knows what the terms of the loan are, including if any interest is to be paid and how/when the loan is to be repaid, from the start. It’s also important to consider different scenarios and make allowances for these within the agreement, for example, what happens if you need to ask for the money back at any point? This may be because your spouse dies and you need the money or you simply want it back so you can help your other children with their first property purchase.
3. As a Gift or a Loan
   However you decide to help your child, make sure you consider the implications on your own financial planning and tax status first. Furthermore, you need to declare the gift or loan to the mortgage company straightaway and make sure they’re happy with the bank of Mum and Dad providing the funds.

We Can Help You With Bank Of Mum And Dad Use

If you’re thinking of helping your child to get on the property ladder or you’re considering using your parents for financial help with your first house purchase, you should seek professional legal advice beforehand.

There are multiple legal implications when it comes to buying property, especially when the purchase is funded by the bank of Mum and Dad. At Bartletts Solicitors, we have the experience and knowledge of every aspect of the conveyancing process and can advise you on your personal situation and the effects of your decision on everyone, either as a parent lender or a child receiving the money.

For legal advice and guidance regarding the so-called bank of Mum and Dad, please contact our conveyancing team on Tel: 01244 311 633 or freephone 0800 988 3674 or email advice@bartletts.co.uk

 

It was another successful year for the Bartletts Farndon 10k race organised by Cute Fruit Events on Sunday 15 October 2017 and we were very proud to be race sponsors for another year.

This year the race was race 7 of the Cheshire Grand Prix Road Race series and it was a sell out.  The race saw prizes of £100.00 for 1st, £50.00 for 2nd & £25.00 for 3rd Open male and female. Prizes for 1st place in Vet Categories. Team prize for 1st Male and Female Teams.

Bartletts Solicitors entered a team and we hope you enjoy the photos and video from the day.

When a cleaning lady was injured by her mop at work, Bartletts Solicitors in Wrexham helped her win the compensation she deserved.

The 21-year-old cleaner was mopping the floor when the mop handle snapped in her hand. Her hand was cut by the broken mop end, leaving her with a deep laceration and bleeding.

She went to the accident and emergency department of her local hospital to have her wound treated. She received stitches to her hand and was in a considerable amount of pain. She was unable to clench her fist for some time after the accident, and was unable to work for some time. After the wound had healed, the lady was left with permanent scarring on her hand and needed a course of physiotherapy to help her regain mobility.

Accidents at work can happen for a variety of reasons but when an accident happens because your equipment lets you down, no matter how small, you will need to establish who is responsible.

Employers have a duty of care to ensure equipment that is provided at work is of a satisfactory standard. This applies wherever you are working, even if you are working remotely.

Our expert personal injury lawyer in Wrexham established that the cleaning lady was covered by her employer’s liability insurance, and quickly helped her secure her claim for compensation. As part of the personal injury settlement, we successfully negotiated compensation for loss of earnings, psychological effects, and medication.

For impartial legal advice regarding your personal injury, please contact Bartletts Solicitors on Freephone 0800 988 3674 or Chester – 01244 405 399 or from a mobile on 0333 200 4465  or email advice@bartletts.co.uk

 

When a car collision left an elderly gentleman with whiplash injuries, Bartletts specialist personal injury solicitors in Wrexham helped him win compensation.

The 70-year-old gentleman came to see one of our expert personal injury solicitors after his stationary car was struck by another vehicle. The gentleman was sat in the driving seat of his car, parked in a car park, when another car reversed into the back of his car.

The gentleman was thrown forward in his car by the force of the shunt. An ambulance was called to the scene and he was taken to the accident and emergency department of the local hospital. He was diagnosed with soft tissue injuries to his neck and back, and suffering from whiplash.

When the gentleman came to see Bartletts following the accident, he was still in a lot of pain. We arranged for him to get a full medical and he was prescribed a course of physiotherapy to help him regain the mobility had lost because of the accident. He was also suffering from post-traumatic stress disorder and severe travel anxiety for which we helped him get cognitive behavioural therapy.

Bartletts quickly helped the retired gentleman claim compensation for his personal injuries from the other car driver’s insurance company. He also secured compensation for psychological effects of the accident as well as recovering the costs of physiotherapy and cognitive behavioural therapy.

If you have suffered an injury in an accident that was not your fault get in touch with us today.

Call Chester 01244 405 399 or Wrexham 01978 360056 or email advice@bartletts.co.uk

If you are considering giving your home or another significant asset away, make sure you receive impartial advice about both the advantages and risks before doing so. Some individuals may receive advice from non-solicitor advice services but unfortunately those services often provide improper advice about the gifting of assets, claiming to avoid Inheritance Tax or care fees. These services also tend to charge significant fees but sadly the schemes involved very often turn out to be ineffective.

“I regularly see a number of clients who are keen to give assets away to mitigate their Inheritance Tax position or to protect their estates from care home fees in the future but unfortunately they are not aware of all of the risks involved. My duty is to explain both the disadvantages as well as the benefits, but no professional should advise a client whether or not to give away an asset; it is for the client to reach their own decision, having considered all of the pros and cons involved and having taken into account their own personal circumstances.” says Nina Sperring, solicitor at the Chester law firm.

Some of the advantages of gifting assets

• The share in the asset that you no longer own may not be taken into account if you have to undergo means testing for benefits or publicly funded services such as care fees
• It may provide you with reassurance for the future – knowing that the beneficiary has already been provided for.
• It may make matters easier when it comes to administering your estate when you pass away.

Some of the risks of gifting assets

The Law as well as Governmental Rules regularly change however some of the risks involved at this moment in time are:

• There may be tax implications if your property is sold for more than it is worth at the time the gift is made. Furthermore, if an asset has been gifted and you continue to retain a benefit (for example if you continue to live in your home after it has been given away) then this could be treated as a Gift With a Reservation for Inheritance Tax purposes. The Government also introduced an additional tax in 2004, which seeks to catch schemes that previously escaped the Gift With a Reservation rules. This is known as ‘Pre-owned Asset Tax” and has the effect of charging income tax on assets where the individual continues to enjoy/occupy the same.
• The full value of the gifted asset could still be taken into account for funding long term care as there are anti-avoidance measures in relation to means testing. The anti-avoidance framework states that if you transfer assets, such as your home, into someone else’s name in order to deliberately avoid Care fees then the Local Authority can treat the value of the asset as part of your capital when they are means testing.
• If you move into a home but do not have the financial resources to pay for your care because of the gift of property then the Local Authority may only pay for the basic level of care which would no doubt leave you in a position where you would need the financial support of others. You should normally be sure that you have sufficient liquid assets available to fund your care to ensure that you do not suffer any hardship as a result of transferring your property.

It is therefore important that if you are considering giving assets away that you seek professional advice from a solicitor so that you are fully informed of all of the risks and advantages involved.  By using a solicitor you could save your estate and beneficiaries a great deal of potential difficulty in the future.

For more information or for professional legal advice, contact our solicitors on 0800 988 3674 or email advice@bartletts.co.uk

If you are trying to make a claim for compensation for personal injury and the person at fault is denying liability, it is important that you instruct the help of a specialist personal injury solicitor if your case goes to trial.

Bartletts specialist personal injury solicitors in Chester recently helped a man whose finger was crushed in a bar and the bar owner denied liability, win his case at court. Bartletts were at his side throughout the trial to ensure he received the compensation he deserved.

On Christmas Eve, the 33-year-old man and his partner and friend had gone to a wine bar for drinks to celebrate the festivities. He left his friends to use the bathroom which had a sash window that had been opened for ventilation. As it was very cold, the man went to close the window. He pulled down on the window but it suddenly rushed down, trapping the man’s hand and crushing the middle finger of his right hand.

The crush injury to his finger was so severe that he had to have surgery. Then, due to unforeseen complications post-surgery, he contracted an infection in his nail bed. He had to have a further operation to remove the nail bed, followed by treatment for the infection.

When the man came to see one of Bartletts expert personal injury solicitors in Chester, he was still suffering from stiffness in his finger and minor reduced grip. Our solicitors established that the owners of the bar were at fault as the window was defective. However, the bar owners denied liability for the incident and the case went to trial.

During the trial, the bar owners claimed that signs were displayed by the window to warn people of the risk. However, our lawyers were well prepared and presented photographs of the offending window immediately after the incident, showing no signage. From this fundamental evidence, the judge found that the window was defective and the bar owners had failed to put up signs, so ruled in favour of our client. The man was awarded a significant sum of compensation for personal injury and associated out of pocket expenses.

For free and impartial legal advice regarding your personal injury, please contact Bartletts Solicitors on Freephone 0800 988 3674 or Chester – 01244 405 399 or from a mobile on 0333 200 4465  or email advice@bartletts.co.uk

E-cigarettes are a relatively new product which increasing numbers of people are using as an alternative to smoking, or as an aid to quit.

At the same time, an increasing number of incidents where e-cigarettes are malfunctioning are being reported in the press. Concerns about the safety of these products have been raised, highlighting the lack of regulation or knowledge of how and where these are manufactured.

Bartletts specialist personal injury solicitors in Wrexham, have seen a number of people who have been injured as a result of using e-cigarettes. We recently helped a man who suffered severe burns when his e-cigarette exploded when charging.

The 40-year-old warehouse worker had been smoking an e-cigarette throughout the day and it needed to be recharged. He plugged it in and placed it next to him so the battery could recharge. Unexpectedly, the e-cigarette exploded, burning the man’s leg through his jeans.

The man was rushed to the accident and emergency department of his local hospital where he was examined and treated for severe burns to his leg. Doctors at the hospital dressed the burns and prescribed painkillers.

When the man came to see our expert personal injury solicitors in Wrexham, the burns had left him with permanent scarring on his leg.

Our dedicated team of lawyers established that the e-cigarette was to blame and sued the company that had supplied the e-cigarette to the client.

Bartletts Solicitors successfully won a claim against the supplier’s insurance company for substantial compensation for personal injuries as well as compensation for his damaged clothing

If you have been injured by an e-cigarette and for impartial legal advice regarding your personal injury, please contact Bartletts Solicitors on Freephone 0800 988 3674 or from a mobile on 0333 200 4465  or email advice@bartletts.co.uk.