Separation - not legally married

[supercatlady]

We married abroad 30 yrs ago.

Sought advice on legality of marriage from solicitor at the time who said a marriage validly made in a Commonwealth country was recognised in U.K., but now it seems it may not be.

we were considering separation/divorce.

we jointly own our home and earn similar amounts. It wasn’t always that way as I worked part time when children were small so my pensions are rubbish. Two children, now adult. He has some savings in his sole name - presumably i now have no claim? Not fair as it’s in premium bonds so my instant access savings have always been the go to for most spends and are now practically non existent. Is it just a case of splitting the equity in the house? I think we own as joint tenants.

is it worth seeing a solicitor?

Of course you need to see a solicitor! For all you currently know, you may be married or may not be. You need to pin this down. Would your dh be unwilling to do a 50:50 split if he finds out you aren't legally married? He's a bit of a shit if so, given he thought you were married all along.

I don’t know - he doesn’t know yet. I’d like to think he’d be kind and fair, but it’s his decision to end it so...
im in shock, nothing is as I thought it was.
I wasn’t sure if solicitors can help with splitting assets when there’s no valid marriage.

Who has told you that the marriage is not valid?

You need help to find out if you’re legally married as your path going forward will depend on this. If you don’t want to ask a solicitor, ring your council as a starting point. They may sign post you to where you need to go. But I suspect you may need a solicitor’s help with this, and you definitely will for the divorce.

Don’t assume your H will split 50/50 especially if you’re not married. If married and children stay with you then that split could be 60/40 or 70/30 in your favour.

Ok have emailed the registry office.
Children are adults now so that bit isn’t relevant.
Can’t believe I’ve been so stupid.

The marriage should be valid, perhaps you forgot to register it here

You should have a marriage certificate from when you got married. If you don't, you can contact the authorities in whichever country you got married in to obtain a copy.
You do not have to register a foreign marriage in this country for it to be valid

As long as you complied with the marriage laws in the country you married, then the marriage will be legally recognised in the UK. To be absolutely sure, I would take a copy of your marriage certificate to a solicitor and seek advice. What your entitled to, very much depends if you are married or not. I am sure in normal circumstances, your husband is a reasonable man. However, when divorce is on the cards, suddenly all reason and nice behaviour can disappear. Don't take anything for granted.