Enforcing family court divorce cost order - where to find free guidance

annod1 · 8 April 2023 at 12:54PM

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 sign Land Registry paperwork to remove him from the Title Deeds. The court ordered it be done without his consent and she had to use a solicitor to do that, incurring further costs, which the court ordered were to be paid by the ex. He hasn't paid those. We are now at the stage that she wants to enforce that 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 the court staff told her it was the wrong form. 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?