Help! Non EEA Member Separated

[Liverna]

I got married to an Irish national in Sept 2004, we separated in 2007 & have not yet divorced. In the meantime i have a British partner to whom i have recently had a baby with. My questions are

1. I need for file for a divorce now but having read the forums regarding divorces & applying for PR i am thinking is it better for me to file for the divorce after i apply for PR (which is due April 2010) or should i just divorce now as i am still entitled to PR?

2. The other thing that worries me is that my ex will definitely not give me his passport or P60's for my PR application so i dont know how the HO handle such cases

Pse help, has anyone been in my situation