Divorce or Settlement first?

[StartingAfresh21]

I am newly separated. I lived in Australia until recently. I am now back in UK where I was born. Hubby has moved to his home country and our home in Australia is now occupied by my son and his young family.

I want to sort out the settlement before I give my husband a divorce. I cant seem to find a lawyer to do this for me. I live in NW UK.

Any recommendations would be welcomed.

I did my financial settlement first through a solicitor & the divorce a few years later. The reason for the later divorce was so I could do it as cheaply as possible myself after the stipulated time lines ie separated 2 years, or whatever it is. My divorce cost approx £550 & I did it through the government's website. The solicitors bit was more, but as we had a house together I wanted everything to be done legally. Hope this helps

Blimey, that sounds complicated! You’re in the UK, ex is in a different country and your family home is in Australia. Your ds lives there with his family and presumably your finances are based in Australian accounts?

Thanks Joy69.....I was thinking of doing that too only I am now penniless. I am living with relatives until I can find work and get enough money together to start Divorce

it took 6 weeks to open a bank account as I did not have all my documents. This was with Natwest...but Halifax let me open an account with just my passport. I am trying to apply for government assistance to tide me over till I can figure out how to get the settlement sorted.

I did the settlement first. I assumed that was the norm, so it's strange you can't find a solicitor who'll do that.

@StartingAfresh21
Things are tough for you, I’m very sorry.
@joy69 is right.
For a divorce in England you need to be separated for 2 years (if divorcing with his consent, but 5 years without). No time requirement if for certain other reasons, eg his adultery, unreasonable behaviour.
www.citizensadvice.org.uk/family/ending-a-relationship/how-to-separate/ways-to-end-your-marriage/
What country is your husband living in now? It’s more complicated if he does not co-operate with the divorce.
What country are the assets in? if Australia, you would need legal advice from a family solicitor in the state the assets are in.
If the main/only asset is your house, what do you intend to do if you have family living in it?
The English court fee is £550 to do the divorce yourself, but you should deal with the property settlement first. If you have problems agreeing, use mediation to help rather than lawyers as it’s cheaper.
Financial help: www.citizensadvice.org.uk/benefits/benefits-introduction/what-benefits-can-i-get/

I have been married 38 years and separated nearly 4 years. Husbands excuse was working on expat salary for his pension....not our pension but his. Our relationship broke down due to financial abuse and emotional and mental abuse. My children have sided with their dad. They are adults. I was a housewife since the children were born and he holds all the purse strings. I have no access to funds as he has emptied our joint bank account.
All his money from his job is in another country and I dont know where he keeps money in Australia.

He has offered me GBP10,000 for the time being and not sure if I cn accept it or in his devious way he is going to say that is the settlement.

@StartingAfresh21
The financial disclosure requirements for whatever Australian state he's living in are likely to be similar to those in England, but you would need a local (Australian) solicitor to take it further as part of English divorce proceedings.
Or you may be now due interim maintenance, pre divorce.
Take English legal advice before accepting a lump sum payment, although it's unlikely that taking it would prejudice you.

Thanks for that tip. I didnt know about that maintainance bit.

My husband had offered 10K GBP to tide me over but I haveno idea if that will be taxed or by howmuch. Can anyone tell me where I can get this information.