Divorce proceedings without applying for pre-settlement

[gabi978]

Hi all,
I hope someone can help me point to the right direction.
My partner (EU citizen) and I married in May 2016 and I applied for biometric residence card and he for registration card in the same application. After we got them, we decided to wait until I accrued 5 years so that we both apply via the EU settlement scheme (he would have gotten permanent residency in 2019). Recently, my partner told me that he want to divorce. He is aware that I cannot get retained rights without his ID and papers so he is coercing me into giving away some of our joint assets in return to his support. I know there was a High Court ruling that says that I do not necessarily need his documents after divorce is finalised, however I am also aware that divorce proceeding are notoriously long and I am concerned that I will miss the deadline for EU registration (which I believe, is in June 2021). Does anyone know whether I can apply for EU settlement scheme without his documents or while the divorce is in process? Can anyone give me any advice? I know a good lawyer would help me tremendously but I am also aware that I cannot ask for this recommendation here. I guess I just want to know that there is a way out of this mess without going through discretionary leave to remain (which I've put it as plan B since I have a lot of family ties here).
Many thanks for any advice you can give me!

[kumitrue]

In any case, you can apply for the Settlement scheme and probably get a pre-settled status for five years right now. The only thing you would need from them is your spouse's application number/code if they have already applied to the Settlement scheme. After this and upon finalising the divorce proceedings, you can apply for the Settled status based on the retained right of residence. In that case, you would not require an original of spouse's id but a copy:

"evidence of the identity and nationality of the relevant EEA citizen family
member (or qualifying British citizen), for example a valid passport or valid
national identity card. This may be a copy of the document; you can require the
applicant to submit the original document where you have reasonable doubt as
to the authenticity of the copy submitted"
EU Settlement Scheme: EU, other EEA and Swiss citizens and their family members Version 3.0

[gabi978]

Thanks, kumitrue - that's really helpful. I do not believe he has applied for permanent residency as there have been no documents from Home Office in all these years in our home. Would I be able to apply on my own and not give the spouse's application id or provide it later?

[kumitrue]

You can apply as a family member until the divorce is finalisd. However, if your spouse doesn't have any sort of indefinite/permanent residence as an EU citizen, you should provide evidince of their continuing residence. Evidence can include bank statement, NI number if they paid taxes, etc.