I have a court order for costs of my divorce to be paid by my ex,

unfortunately my solicitor ceased trading shortly after receiving this order which was granted with our decree nisi.

We have since had a financial dispute resolution for which I represented myself as I couldn't afford another solicitor and our decree absolute has been granted.

This has taken over 2 yrs since the nisi was granted.

How do I enforce the court order myself?

Tried filling in a form n252

but not sure if I have it correct as I can't find any examples online.

Any help gratefully received

Hi and Welcome to CAG

I have moved your thread to the appropriate forum (General Legal Issues)...please continue to post here to your thread.

Regards

Andy

Useful links....

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part70

https://www.wikivorce.com/divorce/Divorce-Advice/Court-Fees/493844-Re-Enforcing-an-order-for-costs.html

Do you know if there is an example of a completed n252 form anywhere so I can check if I have filled mine in correctly? Can't seem to find one anywhere? When I did my form E for my FDR there seemed to be a lot more out there.

Take a look at post #89 in the following thread......

https://www.consumeractiongroup.co.uk/forum/showthread.php?150028-arrow-global-receivables-cope-s-solicitors/page5

The court order for costs was granted at the same time as my nisi, oct 2015,

it has taken until January 2018 to finalise the divorce due to time wasting by my ex with the financial dispute resolution, and have only just had the absolute granted.

I am told I am out of time to implement the order for costs now,

even though the judge in January has acknowledged the costs order on the final hearing in January.

Anyone know if I will be wasting time trying to chase my ex for my costs?

I am told I am out of time to implement the order for costs now,

By who ?

I am told I am out of time to implement the order for costs now,

 

By who ?

Citizens advice said I had 3 months from date of court order (oct 2015) to implement the order

You have 6 years as per the Statute of limitations and enforcement...submit your N252 in connection with the claim number and order.

Andy

Thanks Andy. I will give it a try, no doubt (from past experience) he will ignore any correspondence though.

Thanks Andy. I will give it a try, no doubt (from past experience) he will ignore any correspondence though.

He wont ...it comes from the court once assessed...if he fails to pay then you can request he attends court for questioning re financial details and then enforce it

either by Court Bailiffs or even an attachment to his earnings.

He got blacklisted from our mediation as he refused to pay,

he got threatened with contempt of court as he was a no show on the first hearing and then on the 6th and final hearing for the FDR, I had to pay £50 to prove deemed service with a screen shot for our initial divorce petition,

he really does think he is above the law.

Oh I could go on, this is my last ditch attempt. For my own sanity if nothing else, thanks for your advice and guidance, much appreciated,

Submit the N252 and take it from there...once its on a more legal footing then that opens options he cant ignore.If that fails then you can always submit a small claim ...Money Judgment Order....he wont ignore a CCJ against him.

Carry on as you were but I think the CAB were right. CPR 47.7 says you have 3 months from the date of the order awarding costs (presumably to be assessed if not agreed), to serve the N252 and start the detailed assessment procedure. The 6 year limitation period would start when the figure for costs is determined.

Part 28 of the Family Procedure Rules applies CPR 47 to family proceedings as well, so I think that CPR rule with the time limit applies to your award for costs.

The Courts do give some leeway but it has been 2 years (albeit with some extenuating circumstances)... Fully expect the other side dispute all your costs on the basis you haven't served the N252 in time.

I think you have a decent enough argument as a litigant in person to say that you should still be afforded considerable leeway on claiming costs as your solicitors went bump and you reasonably thought the costs would be assessed on conclusion of the financial dispute resolution (and any other reasons you can throw in for not doing it in the 3 months).

Correct SV apologies ..assuming the costs order stated it was to be on a basis of detailed assessment

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part-44-general-rules-about-costs

And...

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part-47-procedure-for-detailed-assessment#47.1

Period for commencing detailed assessment proceedings

47.7 The following table shows the period for commencing detailed assessment proceedings.

Source of right to detailed assessment Time by which detailed assessment proceedings must be commenced

Judgment, direction, order, award or other determination 3 months after the date of the judgment etc. Where detailed assessment is stayed pending an appeal, 3 months after the date of the order lifting the stay

As you state there are reasonable grounds for relief and extension to time.

Andy

I have a new problem now,

the pension sharing order that was made on 12th Jan 2018, has to yet be implemented by the pension company, with this comes a cost of £300+VAT, to be paid by us both equally, as per the order.

I have requested that my ex and I discuss how/when it is best for us both to pay this to get it all finalised,

not surprisingly he is refusing to be amicable about this,

I understand there is a time frame for this also,

I think I read 4 months from date of the order?

Do I have to go back to court to get him to play ball?

I am not in the position financially to pay the full amount myself.

Thanks in advance.

Submit the N252 and take it from there...once its on a more legal footing then that opens options he cant ignore.If that fails then you can always submit a small claim ...Money Judgment Order....he wont ignore a CCJ against him.

Hi, no, points of dispute have been received, but my ex has been in touch after the 25 days deadline and verbally offered to pay off the costs at £40 a month, I have no faith that this will happen, and to be honest don't want this hanging over my head for the next 3 yrs til it is paid off, can I suggest a different, lsmaller amount to him to be paid in full instead or just go ahead with the n254 default costs certificate? Thanks in advance