A divorce surge is set to hit South Wales this month.

Cardiff-based Wendy Hopkins Family Law Practice claims January is the busiest month for handling divorce and separation cases.

On average, they say the number of clients seeking divorce in January increases by 51 percent on the previous month.

And today sometimes dubbed D-Day – the day when feuding couples are most likely to start divorce proceedings.

Melanie Hamer, managing partner of the firm, said: “The pressure cooker atmosphere in homes at Christmas will only worsen problems in a relationship. Couples will, however, for the sake of their children, normally see Christmas through before seeking a divorce. Our advice is not to rush into divorce. If you are going to divorce, the you need to try to keep it as amicable as possible”

Around 50,000 Welsh children may be being denied access to their grandparents because of the breakdown of family relationships, new figures reveal.

Family solicitors say many grandparents accept the loss as a fact of life, without realising they can take steps to try and establish contact.

For most children in Wales, spending time with granny or granddad is a basic and enriching part of growing up.

It is estimated that nearly two thirds of all childcare is now provided by grandparents, who are therefore estimated to save more than £250m every year in Wales.

The figures, from Age Concern and the Grandparents’ Association, illustrate the big disparity between Wales’ army of hands-on grandparents, and the many people barred from seeing their grandchildren.

The most common reasons for loss of contact is breakdown of the parent’s relationship.

Tensions between the parents and their own parents or parents-in-law can also prevent children meeting their grandparents.

Distance is another obstacle for some families, with many parents having found work hundreds of miles from childhood homes.

“The statistics are very worrying” said Kate Edwards, a solicitor with Cardiff-based Wendy Hopkins Family Law Practice. “And from our experience, the numbers appear to be on the increase.
“While grandparents who are denied access to their grandchildren must feel hurt and angry, the fact remains that legally grandparents are not automatically guaranteed any rights to their grandchildren
“But there are a number of positive things that grandparents can do to best assure that they will be allowed to develop relationships with their grandchildren.
“Parents mostly keep their children away from their own parents due to conflicts that exist between the adults. The breakdown of a marriage or long-term partnership can be upsetting for all concerned, but for grandparents it can be even more so if contact with grandchildren is denied.
“Loss of contact tends to happen when grandparents get stuck in the middle of a dispute between the parents, but occasionally it happens when, say, the daughter has had an argument with her parents.”

Ms Edwards recently conducted research with a group of retired people in Rhondda who had no access to their grandchildren – and had no idea what they could do about it.

Michael Phillips, of Age Concern Cymru, said “It’s a great shame that so many children in Wales are denied access to their grandparents. Many children see their grandparents as friends, or even confidantes.
“Grandparents can contribute financially, their expertise and their life experiences, all of which can help children develop in an increasingly difficult world.”

Distance prevented some children seeing their grandparents. And with many adults having children later in life, some grandparents could be too old to travel long distances easily.

“A lot of people are leaving the areas in which they grew up to find work, so families are spread further apart,” he said. “For older grandparents, the mobility issues can start to take effect.
“Younger grandparents, in their 60s could have less time to visit grandchildren because they’re looking after their parents, who are in their 90s”

Ros Williams. From Ogmore Valley, near Bridgend, said her close relationship with her granddaughter Alex, aged two, benefited all in the family.

“Life is very timetabled and structured for parents. Grandparents have that little bit of time to chill out,” said Mrs Williams, 58.

“I’m helping my family by looking after her now and again, but on the other hand I’m getting something out of this.
“All people want to be needed. Alex fits that role very well for me, after I got to the point where my four children didn’t need me.
“I’ve got younger people in my life. They keep me young.”

What grandparents can do

Cardiff lawyer Kate Edwards, of Wendy Hopkins Family Law Practice, has the following advice for grandparents seeking to establish contact with a grandchild.

• Write to whichever parent is withholding contact, usually the child’s mother.
• Tell the mother or father how much you miss seeing your grandchild, and that your grandchild will miss you.
• If the parents are separated, point out that the child has effectively lost one parent and a further loss is imposed on the child by denying them a relationship with grandparents.
• You can also point out that the parent is effectively denying the child a relationship with relatives representing half of their generic original and half of their identity.
• If the parent is unresponsive, see what mediation services are available locally. If mediation is possible, suggest this to the parent.
• The last resort is an application to the court, you can then apply for leave to apply for a contact order, followed by a substantive contact application.
• In any discussions, don’t complain about your loss of contact but emphasise the child’s welfare as the priority. This is the approach the court will take.

Family law firm Wendy Hopkins Family Law Practice has continued on the expansion trail with the appointment of Nia Roberts as a solicitor and Eimear Kane as a new trainee solicitor.

The South Wales-based firm, which is also one of the UK’s leading specialist family law firms, was founded with three solicitors in 1996 as the first law firm in Wales devoted entirely to family law.

The firm covers all aspects of family law including divorce and separation, children matters, finances and services for the elderly.

Nia Roberts graduated from Cardiff University in 2003 having read law and French. She also studied at the Université de Picardie Jules Verne in Amiens, France. Nia then undertook the legal practice course at Cardiff University, obtaining a distinction in family law.

She worked for two large law firms before joining Wendy Hopkins Family Law Practice as a trainee solicitor in 2006.

Ms Roberts has recently qualified, specialising in all areas of family law.

Trainee Eimear Kane has joined Wendy Hopkins Family Law Practice, having graduated from Queen’s University, Belfast, with a law and politics degree and a masters in human rights. Eimear then undertook the legal practice course at De Montfort University, Leicester, obtaining a distinction in family law.

A solicitor has won a signed rugby ball after entering a competition linked to Cardiff City’s new stadium.

Tom Allen from Wendy Hopkins Family Law Practice of Cardiff was presented with the ball by Cardiff Blues stars Gethin Jenkins and Martyn Williams at their training base in the Vale of Glamorgan.

Tom entered a competition at a Premier Club business event, the corporate hospitality area that will be part of the new stadium being built in Leckwith, to be shared by Cardiff Blues and Cardiff City.

“I love rugby and always try to catch a game when I can. Meeting the players was great but I won’t be kicking this rugby ball anytime soon. It will take pride of place in my living room.”

A Cardiff law firm is opening its offices to the public – providing tea and cakes to raise funds for the Stroke Association.

The Wendy Hopkins Family Law Practice will be creating a tearoom in their offices to support the charity.

Solicitor Kate Edwards, who is organising the event, said: “Stroke has a greater disability impact than any other medical condition and the tea party is one way we can support this worthwhile charity.”

Louise Bennett, fundraising manager for the association, said: “We wanted to come up with a simple way of raising money that was inclusive, meaning the stroke patients we support, could actually get involved in fundraising and enjoy it.”

“Tea parties are taking place across Wales throughout the summer and we hope to build on our success from last year.”

The lawyers’ party, which is backed by other local businesses, takes place at their offices at 13 Windsor Place this Friday from 4pm.

An increase in the numbers of married couples seeking a divorce has become the latest trend attributed to the current credit crunch.

But the sluggish housing market means some couple have to share the same house after their divorce has gone through the courts because their jointly owned hoes are proving difficult to sell.

Others are stuck in meagre bedsits, until the housing market picks up, amid wrangling over who racked up the debts.

Traditionally, divorces tail off in the run-up to the summer holidays but last week one Cardiff law firm saw divorce cases more than double in a week.

“The house is almost always the largest asset in a divorce settlement,” said Melanie Hamer, partner at Wendy Hopkins Family Law Practice, in Cardiff.

“If it cannot be sold, receiving a financial settlement is a huge problem. This is on top of the increasing financial and cost-of-living problems which mane people in Wales are facing, which themselves often lead to an increase in divorce rates.

“We are seeing direct evidence of this because our client numbers last week increased by 145% on the previous week, following a similar trend for the past few weeks at the firm.

“Economic prosperity often helps paper over the cracks in relationships. Conversely, tightening belts mean less scope for diverting attention away from an unhappy marriage.

“Financial worries can place a huge strain on marital relationships and cause breakdowns in communication”

We Ask The Women Of Wales Which Prize Possessions They Treasure Most

This week Eimear Kane, 25 from Roath, Cardiff, trainee solicitor; Wendy Hopkins Family Law Practice

• A good friend bought me the book The Wild Swans by Jung Chang, as a birthday present and I’ve read it on several occasions since. It’s a true story about three generations of women living in China during the 20th century throughout the civil war and emergence of the communist movement. It’s a great read and always brings a tear to my eye.

• I received this ring after my grandmother Bridget died when I was 11. She’d bought it on holiday. We were very close and it’s a lovely reminder of her. I really appreciate having such an unusual ring which is of great sentimental value to me.

• My taste in music is quite varied and the invention of the I-Pod was fantastic for me as it would be impossible to get a mix of the songs I like on a compilation album. I listen to a lot of music from the ‘60s and ‘80’s and really enjoy movie soundtracks and traditional Irish folk music.

• I moved to Cardiff from Northern Ireland earlier this year to work as a trainee solicitor and I love the city and have settled here very well. I still regularly fly back to see my friends and family at holidays and they often visit me here. I’m also a keen traveller and have been around Europe and North America. I’m going to Berlin and Prague this summer and it’s an ambition to visit Australia at some point in the future, so I wouldn’t be without planes.

• I’m only five foot two and love the boost I get from a pair of high heels. I rarely leave the house in flats. I’m sure my back will pay for it at some point but for now I’m happy to continue my addition to my stilettos !

Mums are now choosing to walk out on their children when their marriage falls apart Wales on Sunday can reveal today.

Until a few years ago, it was unthinkable that a mum would want to leave her kids with her ex-husband after a divorce.

But, in a modern-day role reversal, a small but increasing number are deciding it would be best for the kids to stay with dad. And the reason? So mum can start afresh with her new lover, say lawyers.

Another trigger is the rise of the working mum and the parallel rise of the hands-on dad.

Lawyers also suspect a hidden agenda in some cases – where the new boyfriend forces a mum to choose between him or her children.

Melanie Hamer, partner at Cardiff-based Wendy Hopkins Family Law Practice, said: “In the past five years, it has become more regular.

“Perhaps they’re thinking of the children. They’re desperate to get out of the marital home so they can live with their new boyfriend. They think it’s better for the children to stay in the same house. They might see the children as getting in the way. It could be that they had to choose between their children and their new partner.

“As a mother, I struggle with it, but it’s each to their own”

“I suppose we shouldn’t be shocked by it really, because it’s the modern age. There’s no reason why a father can’t be as good a parent as a mother. We’ve had cases where it’s worked quite successfully”

Don’t be surprised if you see a couple of judges being chased through the streets of Cardiff tonight.

They will be taking part in the first Three Courts Challenge which will see lawyers from 25 practices in the capital – as well as a few judges, barristers, legal executives and academics – running to boost the provision of free legal advice in Wales.

Among them will be four family lawyers from Cardiff law firm Wendy Hopkins Family Law Practice.

They will be taking on the 4.6km route to raise cash for Reaching Justice Wales/Cyrraedd Cyfiawnder Cymru.

The new charity’s main aim is to contribute to the availability of legal advice across Wales, supplementing but not replacing legal aid.

Dianne Evans, head of wills and probate at the practice, said: “As a family law firm, we are very aware of the challenges many individuals and organisations face in affording complex legal advice. It will be quite a sight to see so many legal professionals on the streets in Cardiff and will also be a great opportunity for the whole profession to demonstrate its continuing commitment to access to justice for all.”

Dianne will be taking part with fellow lawyers Lorraine Watts, Elizabeth Williams and Eimear Kane walking a route that takes in the main Crown Courts in Cathays Park, the Cardiff magistrates’ courts in Adamsdown and the County Court in the City centre.

Similar events are also taking place in Manchester, Brighton, Leeds and Birmingham.

The Wendy Hopkins Family Law Practice continues its work for charities tomorrow when it hosts a fundraising tea parry at its offices in Windsor Place, Cardiff, in aid of the cancer care charity Macmillan Relief, which is promoting the World Coffee Morning

Reports that Madonna didn’t put a pre-nuptial agreement in place before she wed film director Guy Ritchie have shocked a lot of people this week.

Was she so madly in love with him that she just forgot ? Or did she never imagine for one moment that her career would hit the stratosphere and earn her an estimated £300m fortune. Did she also not think that she would ever get divorced from her English beau ?

If so, who can blame her ? Of the hundreds of divorce cases we see every year, clearly no-one makes their wedding vows with one eye on the divorce courts. But if it is right and she does not have a pre-nuptial agreement, then Ritchie stands to become considerably wealthier. Because, whatever the financial outcome, there will be a cross-check against an equal division of assets.

The London-based tabloids have already reported that Madonna has lined up a top London divorce lawyer and QC, which in my eyes means only one thing – she’s read to a court battle to hold onto as much as she can. She doesn’t seem ready to meet him halfway.

In many ways it could be a reversal of the Paul and Heather McCartney divorce – only with the wife looking to preserve as much of her cash as possible.

The simple fact of the matter is that big money divorces such as Madonna’s and McCartney’s are either very straightforward – because there is enough money to give those involved a fair share – or they go to court because one side cannot bear to give their money away.

If it goes to court a variety of factors such as the length of the marriage and the wealth brought to the marriage by Madonna, in particular, will be taken into account.

The court will not take into consideration the sex of the parties and, as the main breadwinner, the likelihood is that Madonna will have to make a settlement to Ritchie.

Madonna will have to maintain Mr Ritchie’s lifestyle, providing him with a home for himself and their children and with an income to live on.

One advantage for Madonna is that her children are still relatively young and it is likely they will live with her. She will therefore not have to pay Mr Ritchie child support. But dragging proceedings through the courts for many months will not reduce Mr Ritchie’s claim.

If my firm were to advise Madonna, we’d be urging her to enter into an agreement, ensuring the settlement is agreed in private. Now of course not everyone has the fabulous wealth of Madonna at stake so, most people think, a pre-nuptial agreement is a waste of time and effort for them. But is it ? Actually, the pre-nuptial agreement is one of the fastest-growing areas of divorce lawyers’ work.

Think about it. Most people would not do anything else in this day and age without having some sort of insurance. So why should something as important as marriage be any different?

Most people shy away from pre-nuptial agreements precisely because they are afraid of being negative about the long-term prospects about marriage; that perhaps the agreement will cast some sort of spell on their love.

What a lot of nonsense. If someone entering a marriage wants to preserve previously acquired assets from the jurisdiction of the divorce courts, i.e if they were wealthier than their wife or husband when they get married then a pre-nuptial agreement should be in place.

The increase in the number of such requests is a direct result of developments such as the McCartney/Madonna factor and the influence of television and the widespread exposure of the UK to US law.

The pre-nuptial agreement is a commonplace part of US matrimonial law but while it does not yet have the same status in the English courts, the present of a “pre-nup” is being increasingly taken into account by the courts here.

The experience of our team is that the dividing up of assets often causes most conflict in a break-up.

A pre-nuptial agreement can help in certain circumstances because it allows both parties to agree on a fair and acceptable division of property, personal possessions and financial assets.

Also, couples considering second, or maybe even third marriages – as in Tom Cruise’s case last year – may have particular reason to consider a pre-nuptial agreement. Having lost part of their capital already through divorce they will be keener to preserve it.

Although pre-nuptial agreements are not yet legally binding in Britain, I would not be surprised if the law begins to accept them increasingly in the years ahead. We are seeing considerable more of them and, as Wales’ largest firm of family lawyers, we’re in a pretty good place to judge.

As I explained, we do seem to be increasingly adopting many elements of US legislation and lifestyle. That means the “pre-nup” is here and is here to stay.

I just wonder if Madonna will regret not putting one in place.

TWO leading Cardiff-based family lawyers have taken up senior management committee roles to help strengthen the operations of two major charities in the region.

Thea Hughes, joint managing partner of Wendy Hopkins Family Law Practice, and colleague solicitor Jane Baker have been appointed respectively to the management committees of Family Mediation Cardiff, and Cruse Bereavement Care.

Both charities will benefit from the advice of the two lawyers, members of Wales’ largest specialist family law firm.

Cruse Bereavement Care is the leading charity in the UK specialising in bereavement, with 178 branches and more than 6,300 volunteers throughout the UK

It provides counselling and support for people suffering bereavement including a great deal of support for children and young people who have lost a parent.

Ms Baker said: “This is such a worthwhile charity and I am very pleased to have accepted an invitation to join its management committee.

“Cruse’s services are provided freely due to the generosity of individuals and grant-making bodies and clearly one of the issues we will be facing going forward will be securing adequate financial support to ensure the ongoing provision of support.”

Family Mediation Cardiff is an independent charity founded in 1982 to provide a confidential service to all regardless of income. It exists to help couples, married or unmarried, to put the needs and well-being of their children first and to reach agreements about their future parenting.
Ms Hughes said: “The organisation is staffed by trained and qualified mediators who also have many years experience in other related fields such as social work, family law and counselling.

“I’m looking forward to putting the experience I have in all aspects of family law to supporting the mediation centre’s work.”

Wendy Hopkins Family Law Practice, based in Windsor Place, Cardiff is one of UK’s largest specialist family law firms, covering all aspects of family law.