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.

There is a huge amount of information online which will help you understand the financials. Divorce uk; loads of solicitors have useful information on their websites. Do a lot of googling and a lot of reading up. You will gain a huge amount of knowledge that way. I did. Also, please ensure you take his pension into account when negotiating. Look into pension sharing too

Women's Aid first (national helpline is often busy, but I got through fine on my local one). They often have a legal advisor that will give you 30 min free.
Many solicitors also offer a free 30 min initial consultation.
That's enough though talk through your situation and give you an idea of what might happen.

Signing the divorce petition will have no bearing on what you get in your financial settlement.

Get home rights on the properties he owns. This prevents him selling without your consent, while you are still married.
www.gov.uk/stay-in-home-during-separation-or-divorce

WA is the most important thing here.

How long have you been married? (Include any time you lived together beforehand)

The usual financial split for a medium to long marriage is 50/50 but things can be different when you have a child. Who is the main caregiver?

It sounds like signing divorce papers would be a good idea but....trek gun that he has to pay for a solicitor to look then over for you.

Also you can apply for temporary ancillary relief (temporary spousal maintenance) once the papers have been filed.

And he can't kick you out of the home because it's considered part of the marital pot, as is his pension (which can be worth a lot)

And once the papers have been filed, you can prove that you're separated. Then he has to pay maintenance. And if he threatens to say you're not (to cms) you can remind him that will stop the divorce preceding and it may all have to be refilled.

Just checked, see my other post. It's wikivorce, not divorce Uk

www.wikivorce.com/divorce/

There's an online calculator for what they think your settlement should look like. As well as allsorts of other stuff

Some men who are the main or only breadwinner, think that as they have earned the money, then all that's been bought with it is theirs. And it's only when they are put right by their solicitor or mediator, that they realise it doesn't work that way. Hopefully he will be one of those.

Ok some good news looks like I have a rental property sorted out through a friend that's come on the market, hopefully moving in in a few weeks.

Anyone advise if I will be able to claim housing benefit when moved?

Also if i take some furnishings, beds,settee etc will I be lmin trouble?(he said will call police if I take anything)

If you bought everything in the house together it's half yours so you can take it. My ex accused me of stealing but a friends said how can it be stealing if it's half yours! She was right.

He was the breadwinner, I had and raised our daughter, I haven't worked for 5 years.

You're married, you stayed at home to enable him to work, this is why marital assets are shared regardless of who earned the £.

Legally and morally it's ok for you to take stuff with you.

You'll struggle to get housing benefit (it would be under Universal Credit now) because of the second property. They'll disregard what was the family home until it is sold but the second property will not be disregarded. Is there more than £16K in equity in the property?

Speak with CAB before doing anything about benefits. If you claim UC you'll have to close your tax credits claim, and might well end up with nothing.

Brilliant. Trapped again.

So if I'm understanding this correctly, if I move out I will lose all benefits due to the potential financial settlement that could take 6 months plus to sort out?
And as such homeless as I can't pay rent.

The joy at thinking I had escaped was very short lived indeed.

Don't sign anything until you have legal advice and don't leave the house(unless he is physically abusing you) as it puts you in a weak bargaining position. Good luck

Hmmm Google says I would be able to get housing benefit as I'm not joint owner of either property. I will try and get to citizens advice next week, although this was nigh on impossible last time I tried.

I'm not giving up the chance of the rental, it's my only hope.

You need to speak to WA you need to explained that you are being abused emotionally and financially.

Make an appointment with your local council housing officer and speak to them about the abuse and what financial you can get whilst the financial settlement goes through.

In all seriousness you may better leaving via a refuge.

Last time I went citizens advice they couldn't see me, too many people, council are useless told me if I moved out I would be making myself homeless on purpose and they wouldn't help.

It might have been easy years ago to get help but not any more.

How can a person get divorced move out a house when no one will help? Can't get legal aid for legal help, can't get housing help from council, it will be better I think if he beat me up and put me in hospital, someone might help then.

Thank you everyone for replies.

This is why you need to speak to WA they are the experts when abuse, including financial and coercive control are at play.

Woman's aid,the live chat doesn't work and no advice phone number, just email.

I have no experience of this but to my mind, if someone who is abusive and lies actively wants you to sign something, you can bet it'll be because they are getting something and you're not. Not worth the risk imo.

Just found out he's making stuff up to police about me mentally abusing my daughter due to shouting at him. Social workers called round yesterday.

Social services and the courts will see through him...

Well it's got a lot worse, he made a police statement saying I'm abusing my daughter (mentally) by shouting and screaming at her when we row, and accused me of brainwashing her against him,and social services rang and I'm expecting a visit, also he rang benefits saying I've been claiming illegally for 2 years, so also expecting benefits to stop immenantly.
I've borrowed some money and am seeing solicitor Tuesday.

Should I expect benefits to be stopped now?

"shouting and screaming at him".

I would speak to WA and take DD to a refuge urgently. Update SS with your contact details.

Nope. I'm not gonna end up in refuge, never.