Life changes and decisions about personal relationships can happen at any time. Whether it’s after a period of reflection or a sudden realization, the decision to seek a divorce is a significant one. This article will guide you through the modern divorce process, including the “no fault” divorce introduced in April 2022 and practical considerations for dividing assets.

Divorce Procedure

The introduction of the “no fault” divorce process in April 2022 has transformed the way couples approach separation. This significant update allows couples to part ways without assigning blame, leading to a more amicable resolution. Now, couples can file for divorce based on the marriage being irretrievably broken down, without needing to prove fault, such as adultery or unreasonable behaviour. This change aims to ease the emotional and administrative strain on both parties, streamlining the path to separation.

Division of Matrimonial Assets

When contemplating divorce, several key factors need attention:

  • It is important to know that finalising a divorce, and receiving your final order does not necessarily make you financially independent from your former spouse;
  • There is a requirement to attend mediation before you apply to the Court to make an order.
  • If you are able to reach an agreement between you as to how you wish matrimonial assets to be shared, it is recommended that this is put into the form of a consent order, making it legally binding;
  • The agreement should also include a “clean break order”, meaning both parties are financially separate, and neither party can claim anything from the other in the future.
  • In the event parties are unable to come to an agreement and the matter goes to Court, the starting point is always 50/50, but will always take into account all factors before making a decision.


What we do

The journey through divorce, while challenging, is a path towards new beginnings. With the right guidance and support, the process can lead to a resolution that respects the interests of all parties involved, especially when children are concerned.

Here at Optimal Solicitors we can advise you as to your rights following a breakdown of a marriage and advise you as to what you could be entitled to. We can assist you with negotiating with your former spouse in trying to reach an agreement and drafting your consent order. If agreements prove elusive, we’re equipped to navigate the court process alongside you, ensuring you’re informed and supported every step of the way.