I wish to apply to have a Rose Order set aside due to procedural errors and finding out since the divorce hearing last month that my ex husband, after agreeing to pay utilities on separation in writing has not paid.
Instead, he went online recently and transferred a very large bill into my old name on his account without my knowledge or consent . He did not declare this bill on his Form E at any stage. It is £4000. The police tell me this is only a civil matter and that using my old legal name to transfer a bill without my consent is not illegal.
My understanding, is that all liabilities need to be disclosed until a settlement is agreed and signed - especially as we are in court proceedings. I have not signed any agreement yet.
He says that this is my bill and he did not need to disclose it on his Form E and because was it after separation and not during the marriage. Obviously, I knew nothing of it.
My question is: should he have declared this on his Form E no matter whose debt- his ,mine or joint despite it's being accrued since separation? At no time did he inform me he was not paying, despite my email requests. He was paying the bill ( albeit £50 per month) in his name only. I could not access his account.
I can then apply to have the order set aside if he was legally obliged to disclose this debt. I understand I have asked a similar question before but I cannot find out online if he should have declared this and if he has broken the law by not doing so. Obviously he knew but chose not to inform me as a deliberate attack .
I have used online solicitor services but they are too generic. I have no money for a solicitor and have been in a financially abusive marriage for many years. This is just the latest! I am at my wits end and his ongoing abuse has really affected my mental health. Any advice or support greatly appreciated.