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Guidance on pursing Divorce Cost Order please

  • D0K777
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08 Apr 23 #520858 by D0K777
Topic started by D0K777
Hi, I'm struggling to find guidance on the correct procedure on how to enforce a cost order imposed during divorce proceedings. I'm helping a friend who can't afford to pay for a solicitor to do it. The cost order originates from her partner failing to comply with the courts order for him to sign Land Registry paperwork to remove him from the Title Deeds. As a result the court then ordered he be removed from the Title Deeds without his signed consent and she had to use a solicitor to do that. As a result she incurred further costs, which the court ordered were to be paid by the ex. He hasn't paid those costs of just over £2,200 on total. We are now at the stage that she wants to enforce the unpaid cost order. She was told by the solicitors that to do so she would need to complete a Warrant of Control application. When she did this and took it to the court court staff told her it was the wrong form. When she asked what the correct form was they said they were not permitted to give her advice! The gov.uk website pages about Divorce proceedings are less than helpful. We can only find references on solicitors pages but they want you to employ them to do it, and obviously don't provide guidance on how to do it yourself. It looks like there may be a difference between civil and family court cost orders when enforcing them. He has no assets but does work so I think she actually needs to pursue and Attachment of Earnings Order rather than a Warrant of Possession. Does anybody know where I can find guidance please? Is there a different process as it is a family court cost order, compared to a county court cost order? If the correct process is via the County Court, can we go straight to applying for an Attachments of Earnings or do we first have to go through the process of Finding out what the debtor can afford to pay? HMCTS information is very poor.
Many thanks in advance of any assistance.

  • .Charles
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11 Apr 23 #520875 by .Charles
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I assume that at the end of the hearing at which the costs order was made, the court carried out a summary assessment of costs and arrived at the figure of £2200 odd?

If so that is a judgment debt and can be enforced as you would with any other sum of money. You can go to moneyclaim online which should be able to determine is you are eligible for that service (based on what you have said this seems likely).

The service is for low value claims and you can claim the court fee as part of the claim. The guide is here:

www.gov.uk/government/publications/money...line-mcol-user-guide

Charles

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