Do you need a MIAM before court?
Key facts
- If you are applying for a child arrangements order (C100) or a financial order (Form A), you must normally attend a MIAM first.
- The duty comes from section 10 of the Children and Families Act 2014 and applies to the applicant, the person making the application.
- Respondents are expected to attend a MIAM too, but face no automatic penalty if they do not.
- Exemptions exist for domestic abuse, urgency, child protection and several practical situations.
- Claiming an exemption you are not entitled to can see your case adjourned and, since April 2024, may carry costs risks in financial cases.
Before you can ask a family court in England and Wales to decide arrangements for your children or your finances, the law expects you to have at least considered mediation. That is what the MIAM requirement is: not an obligation to mediate, but an obligation to attend one meeting where mediation and the other alternatives are explained and assessed. Our main guide covers what a MIAM is in full.
This page answers the practical question: does the requirement apply to you? That depends on what you are applying for, whether you are the applicant or the respondent, and whether any exemption fits your circumstances.
The short answer
If you are the person starting court proceedings about children or money after a separation, then yes, in almost all cases you need a MIAM before you apply, unless you qualify for an exemption. The court form itself forces the issue: both the C100 and Form A contain a section that must either be signed by an authorised mediator confirming your attendance, or completed by you claiming a specific exemption.
If you are responding to an application someone else has made, you are not under the same statutory duty. And if your application is about something else entirely, such as the divorce itself, no MIAM is needed. The detail is below.
Which applications trigger the requirement
Section 10 of the Children and Families Act 2014 applies to “relevant family applications”, and Practice Direction 3A lists them. The two that account for the great majority of cases are private law children applications and financial remedy applications.
Children applications are made on form C100 and cover section 8 orders under the Children Act 1989: child arrangements orders (who a child lives with and spends time with), prohibited steps orders and specific issue orders. Financial remedy applications are made on Form A and ask the court to sort out money and property on divorce or dissolution. We look at how the requirement interacts with each form on the C100 and the MIAM and Form A and the MIAM.
Some applications do not trigger the requirement at all. A divorce or dissolution application on its own needs no MIAM, because it does not ask the court to resolve a dispute. A financial order made by consent, where you have already agreed and simply want the agreement sealed, is exempt. Emergency and without-notice applications are exempt too, which is covered on our MIAM exemptions page.
| Application | Court fee (as of 13 July 2026) | MIAM needed first? |
|---|---|---|
| Child arrangements or other section 8 order (C100) | £270 | Yes, unless exempt |
| Contested financial order (Form A) | £321 | Yes, unless exempt |
| Financial order by consent (consent order) | £62 | No, consent applications are exempt |
| Divorce or dissolution application | £628 | No, the divorce itself needs no MIAM |
If your situation does head to court, the C100 form has its own free walkthrough at C100Form.co.uk, which explains the application section by section, including where the MIAM certificate details go. C100Form.co.uk is run by Family Legal Ltd, the publisher of this site.
Applicant and respondent: who the duty falls on
The statutory duty is on the applicant, the person who signs and issues the application. If you and your ex are both considering applying, whoever applies first carries the requirement. It is personal to you: your ex attending a MIAM does not satisfy your obligation, and vice versa.
Respondents sit in a different position. Practice Direction 3A says a respondent is expected to attend a MIAM, and the court can ask a respondent at the first hearing why they did not. Since April 2024 both parties in most children and financial cases must also file an FM5 form stating their views on non-court dispute resolution, so a respondent who ignored mediation entirely will have to explain that in writing. But there is no fee penalty or automatic sanction for a respondent who declines, a point we cover from the other direction in what if your ex refuses mediation.
One common misunderstanding is worth clearing up: attending a MIAM does not put you on a record as being difficult, litigious or unwilling to compromise. Judges see the MIAM confirmation as routine paperwork. If anything, having attended shows you took the sensible first step.
The law
Section 10(1) of the Children and Families Act 2014: “Before making a relevant family application, a person must attend a family mediation information and assessment meeting.” Section 10(3) lets the Family Procedure Rules set exemptions and provide for when the requirement does not apply. Those rules are FPR Part 3 and Practice Direction 3A, and the court applies them at the gatekeeping stage when your application is first checked.
The exemptions in summary
You do not need a MIAM if a valid exemption applies and you claim it on your application form. The main categories are evidence of domestic abuse, child protection involvement, genuine urgency (such as a risk of harm or a child being taken abroad), a previous MIAM or mediation attempt within the last four months, applications made by consent or without notice, and practical barriers such as the other person being in prison, lacking capacity, living outside England and Wales, or having no known contact details.
Each category has precise conditions, and some require evidence you must be able to produce if asked. Our full guide to MIAM exemptions works through the list in plain English, and the domestic abuse evidence page covers the most commonly used exemption in detail.
What happens if you skip the MIAM
You cannot simply leave the MIAM section of the form blank; the court will return or reject an application that neither confirms attendance nor claims an exemption. The riskier route is claiming an exemption that does not really apply. Under FPR rule 3.10, if the court finds an exemption was not validly claimed, it can direct you to attend a MIAM and adjourn the proceedings until you have. That means lost weeks or months at the start of your case, precisely when delay hurts most.
Since 29 April 2024 the consequences have sharpened. The court can now adjourn proceedings for the parties to attempt non-court dispute resolution without needing both to agree. In financial remedy cases, a party who failed without good reason to attend a MIAM or engage with NCDR can face a costs order, a departure from the usual rule that each side pays their own costs. The details are on costs orders for refusing NCDR.
The practical advice is simple: unless a genuine exemption fits, book the meeting. It typically costs £100 to £150, takes an hour, and removes an avoidable procedural risk from your case. It is free if you qualify for legal aid, which is worth checking on our legal aid for mediation page before you book.
Mark, a delivery driver from Stoke-on-Trent, wanted to apply for a child arrangements order after his ex, Kelly, cut his weekend contact with their daughter to a few hours a fortnight. A colleague told him he could tick the urgency exemption on the C100 and save time. The situation was upsetting but not urgent in the legal sense, and a solicitor friend warned him the court would likely spot it and adjourn. Mark booked a MIAM instead, attended by video on a Thursday evening, and asked the mediator to invite Kelly.
Kelly accepted. After two joint sessions they agreed alternate weekends plus a midweek tea visit. Mark never issued the C100, and kept the £270 court fee in his pocket.
Special cases people ask about
Grandparents and other relatives applying for orders about a child are caught by the same rules: if the application is a relevant family application, the applicant needs a MIAM or an exemption, and in some cases permission to apply as well. Our page on grandparents and mediation covers this route.
Enforcement applications are a frequent source of confusion. If you are asking the court to enforce an existing child arrangements order that is being breached, an application to enforce generally requires a MIAM as well, though exemptions for previous MIAMs within four months or ongoing proceedings often apply. Check the position before assuming either way.
Variations follow the same logic: asking the court to change an existing order is a fresh relevant application. In every case, the C100 or Form A guidance notes list exactly what is required, and a mediation service can confirm whether your application type needs a MIAM when you enquire.
Frequently asked questions
Do I need a MIAM to get divorced?
No. A divorce or dissolution application does not require a MIAM, because it only ends the legal relationship. The requirement applies when you ask the court to resolve a dispute about children (a C100 application) or finances (a contested Form A application). Many divorcing couples never need a MIAM at all.
Does my ex have to attend a MIAM if I apply to court?
The rules expect a respondent to attend a MIAM, and the court can ask them to explain a refusal, but there is no automatic penalty. Since April 2024 both parties must usually file an FM5 form giving their views on non-court dispute resolution, so a respondent’s refusal is at least put on record.
How recent does my MIAM need to be?
Your application should be made within four months of the MIAM. If longer has passed, the courts expect you to attend another one, since your circumstances and the prospects of mediation may have changed. Most mediators will offer a shorter update meeting rather than repeating the full MIAM from scratch.
Do I need a MIAM for a consent order?
No. An application for a financial order made by consent is exempt, because there is no dispute left for mediation to resolve. As of 13 July 2026 the court fee for a consent order application is £62, far lower than the £321 fee for a contested financial application.
Can the court refuse my application without a MIAM?
The court will not issue an application that neither confirms MIAM attendance nor claims an exemption. If you claim an exemption that turns out to be invalid, the court can direct you to attend a MIAM and adjourn the case until you have, adding weeks or months of delay.
Sources
- Children and Families Act 2014, section 10, the statutory duty to attend a MIAM before a relevant family application (accessed July 2026).
- Practice Direction 3A, Family Procedure Rules, the applications covered, respondent expectations and exemptions (accessed July 2026).
- Family Procedure Rules, Part 3, the court’s powers to direct MIAM attendance and adjourn for NCDR, including the April 2024 amendments (accessed July 2026).
- Children Act 1989, section 8, the child arrangements, prohibited steps and specific issue orders applied for on a C100 (accessed July 2026).
- GOV.UK: family court fees (EX50), the application fees quoted as of 13 July 2026.
- GOV.UK: apply for a court order about your children, the C100 application process and MIAM confirmation (accessed July 2026).