The end of a marriage can be the most distressing of experiences.
At JMS Solicitors we ensure Clients get sound legal advice from highly trained, sympathetic and understanding divorce lawyers.
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We pride ourselves on our ability to focus on Clients' individual needs and settling cases constructively and sympathetically, whilst remaining competitive in both service and fee structure.
As JMS Solicitors is constantly striving to provide our Clients with affordable legal services we are pleased to offer fixed fee divorce options. In order to qualify for this service both parties must be in agreement with the divorce and any financial settlement and it must be on an amicable basis. If there are children involved or any additional legal action or litigation that is required, other than that which is included in the package, will be charged at your solicitor's hourly rate. If you are unsure which is the most appropriate service for you please call to discuss your matter with our divorce solicitors or complete our Callback Request Form.
JMS Solicitors aim to provide permanent solutions with a view to minimising the stress and anxiety experienced in the divorce process.
Our Areas of Expertise include:
A Separation Agreement is a written agreement entered into by the parties recording the financial agreement that they have reached. There is no requirement to formally record the financial terms however it can give both spouses a degree of protection and certainty if that agreement is recorded in a legal document.
Click here for full list of the step-by-step process and glossary of terms
In the event of divorce the exact division of assets will depend on factors including the current and future financial state of each party, the length of the marriage and each party's contribution throughout the marriage. If you are not married we are able to give legal advise to you on your rights in respect of the property you occupied with your partner. Whether the property is owned jointly or in one parties name we can you advise you in this area.Our role at JMS is to ensure that the settlement negotiations are as fair and as quick as possible. Full court proceedings will only be issued if it will help us to reach a suitable agreement.
Marriage breakdown can be a traumatic and difficult time for any children in the marriage. At JMS we aim to help you minimise the damaging effect that litigation can have on the children and on family relationships in general, using negotiation and agreement wherever possible.
Domestic violence is physicaland/or sexual violence and can also include psychological or financial controlling behavior which is abusive and which takes place in an intimate or family relationship. The Family Law Act protects victims of domestic violence with two different types of orders. They are a Non-Molestation Order which prevents another person from harming you or a child and an Occupation Order which will order who can live in the family home. Contact JMS for more information in this area.
Same sex couples may now register their partnership, and as such acquire rights and responsibilities that are similar to those of a married couple. If you are in a civil partnership you have rights to claim maintenance, lump sum payments, property transfer, pension sharing, and pension attachment, should the partnership break up.
The rights of cohabitants in the event of separation will vary. One factor in the entitlement to the property after separation is the level of financial contributions made during the cohabitation.
The role of the Pre-Marital or Pre-Civil Partnership Agreement is growing, although courts will rarely be bound by them. Courts will be guided by the content of the agreement, but can choose not to follow it. Where you have a pre-marital or pre-civil partnership agreement we recommend taking our legal advice to establish whether it would be likely to be upheld in a court of law.
Collaborative Law is a process enabling parties, at the breakdown of a relationship, to take legal advice and negotiate financial settlement without the necessity of engaging in Court proceedings.
Court of Protection was created under the Mental Capacity Act 2005. It makes decisions and also appoints other people (called Deputies) to make decisions for people who lack capacity to do this for themselves.
JMS Solicitors can assist you with this application. For further information please contact us today on Freephone 0800 781 7057
Court of Protection Legal Fees £2000 plus VAT
Application Fee £400
Court Fee £500
An LPA can be used in relation to your financial affairs or your personal welfare. JMS can assist you in appointing a friend, relative or professional to hold an LPA for you.
For all questions and queries about divorce proceedings please call JMS Solicitors today on Freephone 0800 781 7057. Alternatively more information can be found on our Frequently Asked Questions page.
European Union has sought to resolve issues of matters of divorce between member states with regulation known as “Brussels II” (May 2000) and more recently “Brussels II bis” (November 2003) to include cases involving children.
The Regulation is applicable in Scotland, United Kingdom, Belgium, Cyprus, Czech Republic, Germany, Greece, Spain, Estonia, France, Hungary, Ireland, Italy, Latvia, Lithunia, Luxembourg, Malta, Netherlands, Austria, Poland, Portugal, Slovak Republic, Slovenia, Finland and Sweden but not Denmark.
In relation to jurisdiction in divorce the same rules apply to actions relating to “legal separation” and “marriage annulment”.
A court in member state has jurisdiction to hear an action for divorce, separation or annulment where:
• Both spouses are habitually resident*
• Both spouses were last habitually resident, and one still resides there:
• The defender is habitually resident there;
• The pursuer is habitually resident, and either has resided there for at least a year preceding application or is domiciled** (or a national***) there and has resided for at least six months receding the application;
• Both spouses are domiciled (or nationals);
*Habitually resident is not defined but based on fact and said to mean residence which is being enjoyed for the time being and with the settled intention that it should continue for some time. It can apply whether residency is voluntary or not and lawful or unlawful.
**Domicile may be appropriate where a combination and coincidence of residence in country and an intention to make his home in that country permanently or indefinitely. This term prevails in United Kingdom and Ireland.
***National(s) or “nationality” is used in other EU countries in place of domicile.
Regulation Brussels II bis relating to divorce, legal separation or marriage annulment applies the principle of lis pendis or ‘first come first served’. Therefore the court that seised (accepted) jurisdiction first stands and the second court must decline. (This only applies where actions are brought in different member states and not in different parts of the same state.)
The court will apply its own rules to the divorce and ancillary matters.
Not all EU countries apply domestic law on divorce some have rules of private international law, which require application of the law of the parties’ nationality or may allow parties to specify the applicable law. Discussions are under way as to what is deemed “applicable law”.
What if children are involved?
Regulation Brussels II bis extends the previous matters of parental responsibility in matrimonial proceedings between parents. Brussels II bis covers parental responsibility in general. The Regulation covers cases of attribution, exercise, delegation, restriction or termination of parental responsibility this incorporates:
• Rights of custody and rights of access
• Guardianship, curatorship and similar institutions
• Designation and functions of any person or body having charge of the child’s person or property, representing or assisting the child
• Placement of the child in a foster family or in institutional care
• Measures for the protection of the child relating to the administration, conservation or disposal of the child’s property.
It does not cover:
• Establishment or contesting of a parent-child relationship
• Decisions on adoption, measures preparatory to adoption
• Name and forenames of the child
• Emancipation
• Maintenance obligations
• Trusts or succession
• Measures taken as a result of criminal offences committed by children
The principal rule is that courts of member state have jurisdiction of a child who is habitually resident in that state. Although it may be complex in establishing where “habitually resident” refers to it is generally treated as being dependent upon that of the persons with parental responsibility for the child. As with cases of divorce, jurisdiction lies with courts where the child is habitually resident.
Where a child moves from one state to another lawfully, the courts where the child was habitually resident retain jurisdiction for 3 months for the purpose of modifying a judgement on access rights, provided the holder of those rights continues to be habitually resident there. This can change if the holder of those rights accepts jurisdiction of the courts where the child has moved to.
If a child is moved unlawfully there are other matters to overcome before a court will have jurisdiction and the Regulation is designed to reinforce discouragement of international child abduction (Hague Convention on the Civil Aspects of International Child Abduction 1980 makes provision for this event) A court may only assume jurisdiction when those having ‘rights of custody’ have acquiesced in the child’s removal or child’s retention, has had or should have knowledge of the child’s whereabouts and the child is settled and at least one of the following conditions is met:
• Within 1 year the holder of the rights of custody has made no request for return of the child with authorities from where the child was removed from or being retained
• A request for return has been withdrawn and no new request has been lodged within the year
• A case before the court where the child was habitually resident immediately before the removal or retention has been closed (in accordance with Article 11(7))
• Judgement on custody that does not include return of the child has been issued by the courts where the child was habitually resident immediately before wrongful removal or retention.
If a court has jurisdiction of a divorce, legal separation or marriage annulment then the Regulation allows them to exercise jurisdiction relating to parental responsibility and it is in the best interests of the child.
Regulation Brussels II bis now covers stepchildren.
Where a child’s habitual residence can not be established a court may exercise jurisdiction on the basis of the child’s presence. As with divorce once a court has seised the case no other courts, in a different member state, can exercise jurisdiction.
In the event of an emergency the Regulation does not prevent a court in a member state taking provisional and protective measures in respect of persons or assets. These cease to apply when the court with general jurisdiction acts.
A court can transfer a case, wholly or partly, if a court of another member state if they are better placed to hear the case.
Brussels II bis does not apply to decisions about competing proceedings within the United Kingdom and between a court in the United Kingdom and a non-EU state. Decisions in such cases are based on Family Law Act 1986.
If you are looking for a UK Divorce Solicitor then JMS is here to help you. Our team of solicitors are here to advise you on all aspects of family law and divorce proceedings. Further information about issues relating to divorce and separation can be found below.
Divorce and Separation Agreements
Fixed Fee Divorce Options
Financial Division of Assets
Pre-Marital and Pre-Civil Partnership Agreements
Children
Civil Partnership
Cohabitation
Domestic Violence
Mediation
Legal Aid
Court of Protection
Lasting Power of Attorney (LPA)
You can only start divorce proceedings if you have been married for 1 year or more.
Prior to obtaining a divorce in the UK, it is necessary to prove that the marriage has irretrievably broken down. There are five grounds for divorce that would need to be proved to demonstrate an 'irretrievable breakdown':
Divorce Procedure
The divorce procedure can be straightforward and usually there is no attendance required at court by you, your spouse or by your divorce solicitor. The process can vary in length of time and is dependent on such factors as the divorce being amicable or not defended. Therefore it can take approximately four to six months from beginning to end, although in most cases it can take nearer to 12 months as often financial aspects of the divorce may prolong the process.
Nearly all of the steps in the divorce are dealt with by the person who starts the divorce process, known as the Petitioner. The other person, the Respondent takes very few steps.
The procedure:
ONE YEAR PLUS OF MARRIAGE
Either spouse may begin Divorce Proceedings and is known as the Petitioner. The Petitioner will file:
1) Divorce Petition.
2) Statement of Arrangements for Children
3) Marriage Certificate.
4) Court Fee of £300 or a Fee Exemption Certificate.
A FEW DAYS AFTER SENDING THE DIVORCE PETITION TO THE COURT
The Court will send a copy of the Divorce Petition and Statement of Arrangements to the other spouse known as the Respondent together with an Acknowledgement of Service. A copy of the Divorce Petition is also sent to anyone named in an Adultery Petition, known as the Co-Respondent. If either the Respondent or the Co-Respondent has instructed solicitors and the Petitioner is aware of it, their details can be included in the Divorce Petition and the documents can be sent to them.
The court will also send a copy to the Petitioner confirming when it was sent to the Respondent,
From the date the documents are received the Respondent has strict time limits to observe:
1) WITHIN 7 DAYS (IF THE RESPONDENT LIVES IN THE UK)
He/she should send to the Court the Acknowledgement of Service which accompanied the Divorce Petition. The Respondent is required to confirm:
a) Where and when he/she received the Divorce Petition.
b) In which country he/she is domiciled and resides.
c) Whether he/she intends to defend the Divorce Petition.
d) Whether any claim for costs is disputed.
e) Whether orders affecting the children are sought.
2) WITHIN 29 DAYS OF RECEIPT (LONGER IF THE DOCUMENTS HAVE TO BE SENT TO AN ADDRESS ABROAD)
Whether or not the Respondent has filed an Acknowledgement of Service, the Respondent must, if he or she intends to defend the Divorce Petition, file a Defence in the form of an Answer. The Divorce Petition then becomes defended and the procedure outlined below does not apply. Defended Divorce Proceedings resulting in a fully contested hearing are rare. However, a delay in finalising the divorce is inevitable.
WITHIN A FEW DAYS OF RECEIVING THE ACKNOWLEDGEMENT OF SERVICE FROM THE RESPONDENT (AND CO-RESPONDENT)
The Court forwards a copy of the Acknowledgement of Service to the Petitioner’s solicitor.
IF THE RESPONDENT IS NOT DEFENDING THE DIVORCE PETITION THE PETITIONER CAN APPLY FOR THE DECREE NISI TO BE PRONOUNCED
This is known as applying for directions for trial under the special procedure
The Petitioner’s solicitor prepares an Affidavit for the Petitioner to swear confirming that the contents of the Divorce Petition are true. It will also state whether any circumstances (including those relating to the children) have changed since the Divorce Petition was filed. The Petitioner will swear the Affidavit before another solicitor or Court Official and it will then be sent to the Court with the request for a date for the first decree of divorce the DECREE NISI to be pronounced.
WHAT DO I DO IF ACKNOWLEDGEMENTS OF SERVICE ARE NOT RETURNED TO THE COURT ?
Proof that the Respondent and any named Co-Respondent have received the Divorce Petition will have to be obtained before the Petitioner can take the next step. This may involve arranging for someone to deliver the Divorce Petition to the Respondent in person and any named Co-Respondent, or, obtaining a Court Order that proof does not need to be given and that the Respondent and Co-Respondent have received the Petition. This is called dispensing with service.
ON RECEIPT BY THE COURT OF THE APPLICATION FOR A DATE FOR PRONOUNCEMENT OF THE DECREE NISI AND AFFIDAVIT
The District Judge will consider whether or not the reasons for the divorce have been proven, and if he decides that they have he will give a certificate for the DECREE NISI to be pronounced. Both the Petitioner and the Respondent (through their solicitors) are then advised of the date fixed for DECREE NISI. Depending on the Court’s diary, the date is likely to be a few weeks after the application is lodged. Neither party needs to attend court; the evidence is filed in the sworn statement. This procedure is sometimes called a quickie divorce.
The DECREE NISI does not end the marriage but does enable the court to make final orders in matters relating to the finances.
WHAT NORMALLY HAPPENS WITH REGARD TO THE CHILDREN?
If agreement has been reached, the District Judge is unlikely to interfere.
If agreement has not been reached, the District Judge may ask the Petitioner and the Respondent (accompanied by their solicitors) to attend an informal appointment to resolve matters. The District Judge may also ask for a Children and Family Court Advisory and Support Service Reporter (CAFCASS Reporter) to become involved. If a solution cannot be reached, this will delay the application for the final decree of divorce.
If the arrangements in relation to the children are settled between their parents
a) 6 WEEKS AND I DAY AFTER THE DATE OF THE DECREE NISI
The Petitioner may apply for the final decree the DECREE ABSOLUTE by sending the Notice of Application and fee of £40.00 to the Court. This step is not automatic. The DECREE ABSOLUTE will be processed and may be available as quickly as the next day.
As explained in DIVORCE PROCEDURE there are sometimes advantages in delaying the final decree until all financial issues have been sorted out.
b) 3 MONTHS AFTER THE PETITIONER COULD HAVE FIRST APPLIED DECREE ABSOLUTE
The Respondent may apply for the Decree Absolute if the Petitioner has not already done so, the fee is £40.00.
It is the DECREE ABSOLUTE which formally ends the marriage, only then are you free to marry again!
HOW LONG DOES IT NORMALLY TAKE?
An undefended divorce takes about 3 to 4 months from the filing of the DIVORCE PETITION to the pronouncement of the DECREE NISI.
Glossary of Terms
Divorce Petition - this document is issued with the court to start the court proceedings.
Marriage Certificate - needs to be the original
Statement of Arrangements for Children (D8A) under 16 (or under 18 if they are at school, college or training for a trade, profession or vocation) will detail such agreements as where the children will live, their education, childcare, maintenance and contact arrangements.
Acknowledgement of Service - the Respondent will be served the divorce petition and the other documents, i.e. Statement of Arrangements for Children. The Respondent then completes the form called the Acknowledgement of Service which confirms that they are in receipt of the petition.
Decree Nisi - the Petitioner can apply for the Decree Nisi of Divorce. The Petitioner must swear an Affidavit confirming the petition contents under oath. The affidavit accompanies an application to the Court for decree nisi. Decree nisi is pronounced in open Court.
Decree Absolute - the Decree Absolute is the final decree of the divorce.
Separation Agreement is a written agreement entered into by the parties recording the financial agreement that they have reached. There is no requirement to formally record the financial terms however it can give both spouses a degree of protection and certainty if that agreement is recorded in a legal document.
The Courts will normally uphold a Separation Agreement however it could be set aside if there had been a significant change in one party's circumstances. It is important for both parties to obtain independent legal advice to avoid a claim by one party that he/she was forced to accept unfair terms.
This straightforward agreement deals with financial matters such as lump sum payments and maintenance payments for the spouse and any children. You may also wish to include arrangements for the sale of the house and timetable for divorce.
The following divorce packages are only suitable if your divorce is uncontested. Prices quoted include VAT but exclude all Court fees. (Current Court fees are standard across England and Wales) Court fees for filing a divorce petition is £300 and application for a decree absolute is £40.
Couples with/without children NO financial and/or property matters to formalise
Fixed Fee: £950
Drafting issuing and filing of all necessary documents:
Couples with/without Children WITH financial and/or property matters to formalise
Fixed Fee: £1,900
Drafting issuing and filing of all necessary documents:
Couples with/without Children who are already in the process of a divorce and wish to attach a Financial Consent Order to the proceedings
Fixed Fee: £950
Drafting issuing and filing of all necessary documents:
*Outside of Statement of Arrangements as to Children, where there is a dispute as to who has custody of the Children we can offer Reidential Orders Applications Service within the UK for £3500.00 plus VAT and Court Fees or cross borders(outside the UK) for £5000.00 plus VAT and Court Fees.
The court will always put the welfare of any children of the marriage first. Once these needs have been addressed, it will then consider the following:
Our role at JMS is to ensure that the settlement negotiations are as fair and as quick as possible. Full court proceedings will only be issued if it will help us to reach a suitable agreement.
The role of the ‘Pre-Marital' or 'Pre-Civil Partnership Agreement' is growing, although courts will rarely be bound by them. They are quite often useful in encouraging a spouse to accept a pre-agreed settlement. Courts will be guided by the content of the agreement, but can choose not to follow it. Where you have a pre-marital or pre-civil partnership agreement we recommend taking our legal advice to establish whether it would be likely to be upheld in a court of law.
Where both parties agree to be bound by the Agreement
If both parties are willing to be bound by the pre-marital or pre-civil partnership agreement, we advise that a copy of the agreement should be submitted to the court – and the court can then make a court order confirming the agreement. The court will only approve the agreement if:
Where one party does not wish to be bound by the Agreement
If one party does not wish to be bound by the agreement they can still often get out of it, for instance if there have been changes in circumstances since the agreement was made.
In short, a pre-marital or pre-civil partnership agreement is a useful tool to help the negotiation process, but the courts will always retain their discretion to divide the family assets as it sees fit, and not in accordance with an agreement that may have been made many years before.
Marriage breakdown can be a traumatic and difficult time for any children in the marriage. At JMS we aim to help you minimise the damaging effect that litigation can have on the children and on family relationships in general, using negotiation and agreement wherever possible.
The court will always put the welfare of the children first when considering the following:
A voluntary agreement is usually the best solution – this can be drafted by JMS Solicitors with the help of trained mediators. Where possible, mediation is a quicker and cheaper solution for all concerned, meaning that lines of communication are kept open between the parties, and often costly court cases can be avoided. Once an agreement is reached, the court can then make a court order confirming the terms of the agreement. Our role is to advise throughout and to ensure that the agreement is made in the best possible terms.
A Conciliation Hearing is another option – this is non-adversarial and is a court hearing that aims to bring about a voluntary agreement between the parties.
Same sex couples may now register their partnership, and as such acquire rights and responsibilities that are similar to those of a married couple.
The civil partnership can only be dissolved by court process on the grounds of irretrievable breakdown. The grounds for dissolving the partnership are the same as for divorce, apart from ‘adultery’. Adultery is a term which refers only to heterosexual sex, and as such cannot be used to dissolve a same-sex relationship. If a partner is unfaithful, the ground for dissolving the relationship would most likely be that of unreasonable behaviour.
Rights
If you are in a civil partnership you have rights to claim maintenance, lump sum payments, property transfer, pension sharing, and pension attachment, should the partnership break up.
You can also acquire parental responsibility for your civil partner’s child, by agreement, or by court order, and once you have parental responsibility or the court’s permission, you can apply for residence or contact.
To summarise, civil partners are treated as married couples for the purposes of entitlement to welfare benefits.
Agreements
You can enter into a civil partnership agreement that is the equivalent of an engagement, and which entitles you to make a claim if the relationship fails – so long as any claim is made within 3 years of the end of the agreement.
There is also a pre civil partnership agreement, which is like a pre-nuptial agreement, setting out what the parties would want to happen if the partnership broke down. At present the court can choose whether to honour the agreement (as with a pre-nuptial agreement) but it is a good tool from which to negotiate settlement.
Wills
As with marriage, any Will you have made prior to a civil partnership is automatically revoked upon registration of the civil partnership.
Civil partners automatically inherit under the intestacy rules
Transfers between civil partners are exempt from inheritance tax
Cohabitants have very few rights, contrary to popular belief.
Where your partner owns the property:
You have no automatic right to a share in that property, you would need to show that:
It can be difficult, costly, and time consuming to prove your entitlement.
Where you own the property jointly
If you own the property as ‘joint tenants’ you own half each, and nothing paid or done throughout the ownership will affect this.
If you own the property as ‘tenants in common’ then the size of your share should have been specified (i.e. 40%-60%).
Your solicitor will have advised you on these two options when you bought your property, and you can ask us to check the title deeds to see how you own your property.
You can enter into a cohabitation contract, which would usually be enforceable in the event of a separation.
Cohabitees with Children
If a father is registered on the birth certificate after 1st December 2003 he will automatically have parental responsibility, otherwise he needs the formal written agreement of the mother or a court order.
If you are the main carer for the children you can make financial claims on behalf of the children (under Schedule 1 of the Children Act 1989). You and the children may be able to remain in the house for as long as the children are dependent, regardless of who owns the property. Alternatively, the court can make orders for lump sums to provide for housing or other specific needs of the children.
The court would assess the needs of the children and act in their best interests. Often you would have to repay the capital once the children reach 18 or finish their education.
You can also apply to the Child Support Agency, in some cases through the court, for child support.
What if your partner dies without making a Will?
For further details about making a Will please visit the Wills and Probate section of our website.
Domestic violence is physical, sexual violence and can include psychological or financial controlling behavior which is abusive which takes place in an intimate or family relationship.
If you are in immediate danger, call 999 for the police. If you do not require urgent assistance contact the police. Their Domestic Violence Unit can give you general advise or you may wish to contact the 24 hour National Domestic Violence Helpline Freephone 0808 2000 247 or Mens Advice Line 0808 801 0327.
It is not reconciliation, therapy or counselling. It is a way of resolving problems through discussion and negotiation in the presence of an impartial and professional mediator.
You may need to discuss arrangements for your children, decide whether the family home or other assets should be sold and how they should be shared between you.
You decide what needs to be discussed with your partner and the mediator manages the meetings and provides you with information to assist you in reaching fair solutions.
It is an alternative to costly and lengthy court proceedings and leaves you in control of your own affairs.
JMS continues to work successfully with Cheshire Mediation who provide a very personal and approachable service.
Regrettably JMS is unable to offer legal services under the Legal Aid Scheme. For more information about Legal Aid and whether you qualify, visit the Government website www.legalservices.gov.uk
Court of Protection makes decisions in relation to property and affairs, healthcare and personal welfare of adults and children who lack capacity. It can also make declarations about whether someone has the capacity to make a particular decision.
The Court of Protection has powers to:
Court of Protection Legal Fees £2000 plus VAT
Application Fee £400
Court Fee £500
LPA is a legal document appointing a trusted person as an 'attorney' to mak decisions on your behalf
This can be drawn up at any time while you have capacity (are still mentally capable). An LPA must be registered at the Office of Public Guardian if it is to have a legal standing.
There are two types of LPA:
Property and Affairs LPA
A Property and Affairs LPA allows you to choose someone to make decisions about how you spend your money. This can include the management of property and affairs.
Personal Welfare LPA
A Personal Welfare LPA allows you to choose someone to make decisions about your healthcare and welfare. This includes decisions to refuse or consent to treatment on your behalf and deciding where you live.
Enduring Power of Attorney (EPA) was replaced by LPA on 1st October, 2007. A person given power under an EPA before 1st October, 2007 can still use it and apply to have it registered.
Our fees for Lasting Power of Attorney are:
For any further information about divorce, family law and the services that JMS provide please call us on Freephone 0800 781 7057.
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Divorces in England and Wales could become quicker, less stressful and cheaper, but there are fears people will miss out on advice.
Under government changes in force from 6 April, most separating couples will be expected to try mediation before going to the courts.
Couples can pay between £20,000 and £50,000 if a divorce case requires court time, said one mediation firm.
This could drop to between £5,000 and £10,000 if mediation worked, it said.
The Hollywood actors filed for divorce in December, two years after getting married outside Vancouver in the Canadian province of British Columbia.
Papers filed in court do not say how the pair will divide their assets.
Ryan Reynolds was engaged to fellow Canadian Alanis Morissette for three years but they ended their relationship in February 2007.
The 34-year-old has recently appeared in the film adaptation of the DC comic The Green Lantern and has starred in X-Men Origins: Wolverine, The Proposal and Definitely, Maybe.
"This was a very difficult decision," the pair said in a statement. "We have come to an amicable conclusion."
The couple, who have three-year-old twin children, said "we appreciate the respect of our privacy".
Lopez, 41, and Anthony, 42, toured together and starred together in the 2006 film El Cantante.
The film was a biopic of Puerto Rican singer Hector Lavoe.
The divorce will be Lopez's third and Anthony's second.
They supported a conference motion calling on "discriminatory" barriers to equal marriage rights to be removed.
One delegate told the conference that existing legal distinctions between marriage and civil partnerships "taunted" people who were not married.
Although Lib Dem ministers support the move, it is unlikely to have an immediate impact on government policy.
The law is due to take effect in October if, as expected, it is approved by President George Abela. The prime minister voted against it.
Currently, Maltese people have to travel abroad to obtain divorces.
MPs passed the law by 52 votes to 11 with five abstentions and one absence, months after 53% of voters backed the reform in a referendum.
An Associated Press correspondent reports that the outcome in parliament is a crushing victory considering that most laws in Malta are passed by just one vote.
Separating parents can do their children enormous harm by using them as a "battlefield" and "ammunition", a senior family court judge has warned.
Sir Nicholas Wall, president of the Family Division of the High Court, said well-educated parents were particularly adept at using their children.
Sir Nicholas said a less adversarial approach was needed in the family justice system.
He made his comments in a speech to the charity Families Need Fathers.
ONE of Britain’s leading family lawyers, Baroness Deech, says that assets built up before a marriage should be excluded from divorce settlements.
Deech, the chairwoman of the Bar Standards Board, said the country should adopt European-style divorce laws to bring an end to bitter and expensive legal battles and to deter “gold diggers” from marrying for money.
Under the proposed overhaul, only assets — including cash and property —acquired during the marriage would be subject to the divorce settlement.
A former City banker turned biotechnology researcher faces financial ruin if his former wife wins her battle to bind him to a prenuptial contract, the Supreme Court was told yesterday.
Nicolas Granatino is challenging his £1 million divorce settlement with Katrin Radmacher, a German heiress said to be worth £100 million.
The case before nine Supreme Court justices will determine if divorcing couples in England and Wales should be bound by pre-marriage agreements on how their assets will be split.