Signing divorce/financial settlement urgent

[Mrsfefup]

Looking for some advice urgent.

Have been separated nearly 2 years but living in same house( can't afford to move out) husband gives nothing towards our daughters upkeep, I survive in child benefit/tax credit.
He's finally started divorce proceedings, only as he's now in a new relationship and asked me to sign, using 2 year seperation as reason.
I really want to move on but don't know if I should sign it not Freund's giving conflicting advice.

1. If I sign divorce papers,will this disadvantage me with financial settlement or are the 2 seperate?

,2 will it disadvantage my living there,IE can he kick me out once divorced?

Desperate,please advise he's getting nasty as I'm stalling signing.

Don't sign - there is no need to and no advantage to you and your daughter to do so. There is literally nothing in it for you to sign now.
Get a lawyer. As many above have said try Women's Aid for advice.
Get lawyer to write to husband saying that you will not sign until the Financial settlement is addressed.
That gives him a clear direction as to what had to happen for him to get what he wants.

You need to get the decree nisi before you can do the financials so if this is the divorce petition signing it will be the first step in getting the divorce and financials sorted. You are not disadvantage here yourself by signing it.
But get yourself so legal advice ready for financials.

You can sign the divorce paper to get it rolling, the financial settlement is something they complete usually after the decree nisi has been granted, they usually insist that the finances are signed off before they grant the absolute.

Yes, that's what I needed to make sure, by signing divorce petition it won't cause problems with financials later all it says in this papers is that financial settlement order to be applied for it's a check box,I really want the divorce and signing will get him off my back for awhile.
I won't sign anything regarding finances without legal advice, he has offered me £25000 full and final settlement verbally and I was tempted just to have the means to get out, but know I will regret it down the line.

Has he actually issued the divorce papers at court? If he hasn't there is nothing to sign yet.

If you have acknowledgment of service to sign then sign it and return it.

It won't make any difference to the finances but you do need to go and get legal advice

Apply for cms again and send them a copy
If the divorce papers.

Put your claim in for universal credit.

Contact a local mediator and get an appointment to discuss finances and him moving out.

Yes take the papers and claim cms. Use this as the device needed

He is trying to cheat you with 2 houses and multiple pensions his amount is derisory

Legal advice and mediation is needed you need someone on your side

He won't move out,he's made it clear it's his house and I've got to go, he won't even let me take one of the 3 settees when I finally leave.he will grass me to benefits if I put a claim in for cm, saying we were together (we were not) ihaven't done anything wrong but he will make up all sorts, a stoppage of benefits and investigation will send me over the edge I think.

Papers are from a solicitor I'm being asked to sign, petition papers

You’re married, so legally you have a claim to a portion of BOTH houses, child support, spousal support and a share of his pension (if he has one). You also have a right to some of the marital assets like furniture.
He wants you to accept £25,000?!
Nope.

You have the papers now stating the two year separation for the benefits so he can’t grass you up

And it’s not his house either you are married

Please ring WA you are living in an abusive situation and can give you help.

You could even apply for an occupation order on the marital home where he has to move out for now!

You can go to a solicitor and they will take their money out of joint funds.
Does your husband have any legally binding documents to say that in the event of a split who gets what in regards to the house? Because if he doesn’t, and in some cases even if he does, marriage rights will supersede this which means you’ll be entitled to a lot more than he’s making you believe.
When I went through my divorce I was on the other hand, luckily we had a document saying property was mine before marriage and would remain so, however as I didn’t work (due to childcare costs) I still had to provide the court with evidence that I was attempting to recoup as much financially as possible and not depending on my husband for spousal support.
So you need to either apply for any benefits you are entitled to or apply for jobseekers. When I was searching if for work, as I say I had a 1 and 3 year old so couldn’t afford childcare as it would have cost more than I would earn even with benefits, but the point is the court wanted to see that I was effectively attempting to help myself out of the situation. This makes you more credible.
The benefits people may say that as you are not living alone you are not entitled at present. That sucks but it is good evidence to use against a financial claim on your husband.
There is a helpline that can issue free advice in the interim, I have used them myself recently on an updated situation regarding family law. They are the family law advice line and their number is 03303305480. Their lines do get busy but please do try them. They are charity based in the initial consultation. You can also email them if you want.

You could sign for the decree nisi (only that though! - that won't affect the financial settlement. It will also give you what you need to claim via CMS and not worry about him threatening with fraud claims etc...

No matter how horrible he gets, please stand your ground because financially £25k is nothing compared to what you are entitled to.
There are also 3 boxes on the divorce papers asking who will pay the bills. Make sure you tick to say he will foot the bill. At the initial stage this is all you can do. He can contest it but if you don’t tick it then they’ll assume you are ok to pay for yourself or from what you are awarded.
I know this because my ex husband ticked the wrong box by accident and ended up paying my £8k bill

What’s the rough value of the equity in the houses? £25k does not sound a lot at all....
honestly you must get legal advice. You can often pay out of your settlement amount. You will be better off in the long run.if you don’t get legal advice you will forever be thinking ‘has he taken advantage’

Use the paperwork from CMS where he stated that none was due as you aren’t separated to demonstrate to him that he is not eligible to divorce on the basis of two years’ separation.

Get yourself into the stronger position as he’s the asking you for goodwill to do what he wants. Deny the two year separation.

Can I claim CSA if I'm in same house?

he's made it clear it's his house and I've got to go

Is your name on the deeds to the house?

No,just his name.

Whether she’s on the deeds or not doesn’t matter as marriage superceeds this.

Please go and get some legal advice.

You need to simply point out to him that he has to decide: either you have been separated for 2 years so can divorce OR you are still together and you can't claim CM etc? He can't have it both ways.
Or just go to cms with the divorce documents to show you are separated - you could also use these for any benefits.
He can't be both with you and separated.

Whether she’s on the deeds or not doesn’t matter as marriage superceeds this.

Yes, I know.

However, if your name isn't on the deeds you can register your "home rights" to ensure he can't sell the property.

www.gov.uk/stay-in-home-during-separation-or-divorce

I agree, go to Women's Aid. Play for time and don't sign. Let him put in a petition for unreasonable behaviour. As for a settlement, the starting point is 50:50, and then that will be adjusted according to other factors eg children, earning capacity, debts. As someone who went through a long divorce all the way to final hearing, due to an unreasonable spouse, take my advice and do everything possible to keep the financials out of the court system. Try to settle via mediation.