Do I Need a MIAM Before Court for a Financial Order?
Last updated: 30 October 2026 · Written by the family law paralegal team at Court Help Limited
In short: Yes, in most cases. You must go to a MIAM before court for a financial order unless an exemption applies. Since 29 April 2024, judges check those exemptions more closely and encourage both of you to try mediation or other non-court options. Agreed consent orders don't need a MIAM. Refusing without good reason can count against you on costs.
What changed | Stricter MIAM rules and new court powers to encourage non-court dispute resolution (NCDR) in financial order cases, plus a new costs factor |
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In force from | 29 April 2024 (in force) |
Where it applies | England and Wales |
The law (Act or rule and section) | Family Procedure (Amendment No. 2) Rules 2023 (SI 2023/1324), amending Family Procedure Rules 2010 rules 2.3, 3.3, 3.4, 3.8, 3.9, 3.10 and 28.3(7)(aa); Practice Direction 3A |
Who it affects | Anyone applying to court for a financial order on Form A, and the other party |
Source checked (date) | legislation.gov.uk, justice.gov.uk and GOV.UK, 30 October 2026 |
What was the law before?
Mediation meetings weren't new in 2024. For years, anyone applying to court for a financial order after a divorce or dissolution has been expected to attend a Mediation Information and Assessment Meeting (a MIAM) first. The trouble was that the exemptions were fairly wide, they were often ticked without much checking, and once a case was in court there wasn't much pressure to step back out and try to settle.
What changed, and when?
The Family Procedure (Amendment No. 2) Rules 2023 (SI 2023/1324) changed Part 3 and Part 28 of the Family Procedure Rules 2010. The main changes have been in force since 29 April 2024 and apply across England and Wales. In plain terms, five things changed for money cases.
1. "Non-court dispute resolution" now has a legal meaning
Rule 2.3 of the Family Procedure Rules now defines non-court dispute resolution as ways of settling a dispute other than through the court process. It covers mediation, arbitration, neutral evaluation (for example a private FDR, where an experienced lawyer gives you both a view on the likely outcome) and collaborative law. You'll see it shortened to "NCDR" on court forms.
2. The MIAM must cover more than mediation
Under rule 3.9, the mediator now has to explain the other NCDR options too, say which might suit your dispute and why, and tell you how to take them forward. So a MIAM is a proper look at your choices, not just a sales pitch for mediation. If you want to know what actually happens in the room, our guide to what happens at a MIAM walks you through it.
3. Exemptions are tighter, and the court checks them
Rule 3.8 was rewritten. The financial hardship ground now needs "significant financial hardship" if the application is delayed. If you say you went to a MIAM or another NCDR process in the last four months for the same dispute, you must now give written evidence of that from the provider. If you say there's no mediator available, you must also explain why you can't attend online or by video.
Under rule 3.10, the court will look into whether an exemption was validly claimed, and in financial cases it does this when it decides allocation and, in any event, at the first appointment. If the exemption doesn't stand up, the judge can direct you to attend a MIAM and adjourn the case until you have.
4. Judges can pause the case for NCDR
Rule 3.4 is now headed "Timetabling proceedings: encouraging non-court dispute resolution". At every stage the court has to consider whether NCDR is appropriate, and it can build time into the timetable or adjourn so you can try it, either because someone asks or on its own initiative. Practice Direction 3A is clear that the court can't force you to attend NCDR, and not going doesn't change the outcome of the case itself. It can, though, affect costs.
5. Form FM5 and the costs rule
Rule 3.3(1A) lets the court require each of you to file a short form setting out your views on NCDR. In financial cases that's Form FM5, the statement of position on non-court dispute resolution. Practice Direction 3A says it must be filed and served at least 7 days before the first hearing, unless the court directs otherwise, and it's signed with a statement of truth. If you claimed the domestic abuse exemption from the MIAM, Practice Direction 3A says the form may not be needed, so check what the court has directed. You may be asked for an updated one before later hearings.
On costs, the usual rule in financial remedy cases is that each person pays their own (rule 28.3(5)). The court can still make one person pay the other's costs because of how they've behaved in the case (rule 28.3(6)). Since April 2024, rule 28.3(7)(aa) adds a new factor the judge must consider: any failure, without good reason, to attend a MIAM or to attend NCDR.
Financial order and MIAM at a glance
Step 1 | Gather your financial information (Form E is a useful checklist) |
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Step 2 | Attend a MIAM with an authorised family mediator (usually about £120), unless an exemption applies |
Step 3 | Try mediation or another form of NCDR if it's safe and suitable |
Step 4 | Agreed? Apply for a consent order (£62, no MIAM needed) |
Step 5 | Not agreed? Apply on Form A (£321) and complete its MIAM sections |
Step 6 | File Form FM5 at least 7 days before the first appointment, unless the court directs otherwise |
Step 7 | First appointment (usually 12 to 14 weeks after applying), then the FDR, then a final hearing if needed |
Do I need a MIAM before court for every money application?
Not every one. Practice Direction 3A lists the financial remedy applications that need a MIAM first. They include orders for maintenance, lump sums, property adjustment and pension sharing. There are two main exceptions people ask us about:
Consent orders. If you've already agreed and you're asking the court to approve a consent order, you don't need a MIAM. GOV.UK gives the court fee as £62 (checked 30 October 2026).
Enforcement. Applications to enforce an existing financial order aren't covered by the MIAM requirement.
Your divorce itself doesn't need a MIAM either. The divorce and the money are separate applications, and since no-fault divorce came in you can't use the divorce to argue about blame. If you're still at that stage, our guide on how no-fault divorce works explains the steps.
Where's Form FM1? Which form do I use for a financial order?
This catches a lot of people out, because older guidance online still says you need Form FM1. Since April 2024, the MIAM details for a financial order go into Form A itself. The April 2024 version of Form A has its own sections: section 2 for the MIAM requirement, section 3 for any exemption you're claiming (domestic abuse, urgency, previous MIAM or NCDR, and other grounds), and section 4, which the mediator completes to confirm you attended. Form FM1 is still used, but with certain children applications made on Form C1 or C2. So for money, you don't need a separate FM1.
GOV.UK gives the court fee for Form A as £321 (checked 30 October 2026). If you're on a low income, you can ask for help with fees.
What does this mean for you?
If you and your ex can't agree how to split money, property or pensions, the safest plan is to treat the MIAM as a real first step and not a box to tick. Here's the order we'd usually suggest:
Get your figures together early. You'll need full and honest disclosure whichever route you take, and the court's financial statement, Form E, is a good checklist even before proceedings.
Book a MIAM with an authorised family mediator. GOV.UK says a MIAM usually costs about £120, and legal aid may cover it if you qualify. Our tips on how to prepare for your MIAM will help you get more out of it.
Think about which NCDR option fits. Ordinary mediation suits a lot of couples. Some prefer hybrid mediation, where the mediator can meet you separately and lawyers can join. Others go to arbitration because they want a binding decision without waiting for a court date.
If you reach agreement, remember a mediated agreement on its own isn't legally binding. You turn it into a consent order and send it to the court.
If you can't agree, or NCDR isn't safe or suitable, you apply on Form A. Fill in the MIAM sections carefully and attach any evidence your exemption needs.
The pre-application protocol in Practice Direction 9A also expects both of you to have tried at least one form of NCDR before anyone applies, unless there are safety concerns or another good reason. If you turn down NCDR, the protocol says you should put your reasons in writing. Keep a copy, because it may matter later when the judge looks at costs.
For example, if a husband applies for a financial order and ticks "previous MIAM attendance" but the meeting was six months ago and he has no written confirmation, the judge may well find the exemption wasn't valid, send both parties to a MIAM and put the first appointment back. That's weeks of delay that a quick booking would have avoided.
What if there's been domestic abuse?
You don't have to sit in a room with someone who has abused you. Domestic abuse is still an exemption from the MIAM, but you need to give one of the types of evidence listed in Practice Direction 3A, such as a protective injunction, a relevant conviction or caution, or a letter from a specialist support service. Form A has a box to explain if you can't get the evidence. If you need protection now, our guide on how to get a non-molestation order explains the process and where to get help.
Even where a MIAM is required, mediators can arrange separate meetings or "shuttle" mediation where you're in different rooms, and they'll screen for safety concerns before any joint session.
What happens at court after Form A?
Once Form A is issued, GOV.UK says the first appointment is usually 12 to 14 weeks later. Before it, you both exchange Form E. The judge will check your NCDR position (from Form FM5) and any MIAM exemption, then set a timetable. Next comes the financial dispute resolution appointment (FDR), where the judge helps you try to settle. If that fails, there's a final hearing where the judge decides. There can be several months between hearings.
Good preparation helps at every stage, from your Form E to the papers the judge will read. If your case reaches a hearing, our guide on how to prepare a court bundle is worth reading early.
Frequently asked questions
Is mediation compulsory in family law?
No. You must attend a MIAM before most financial applications unless you're exempt, but mediation itself isn't compulsory and the court can't make you attend NCDR. A judge can, however, pause the case to give you the chance and consider an unreasonable refusal when deciding costs.
Do I need a MIAM before court if we've already agreed?
No. If you've agreed the finances and you're applying for a consent order, the MIAM requirement doesn't apply. You send the signed draft order, Form D81 and Form A to the court with the £62 fee.
What are the MIAM exemptions?
The main ones are evidence of domestic abuse, child protection concerns, genuine urgency (such as risk to your safety or significant financial hardship), attending a MIAM or NCDR on the same dispute in the last four months (with evidence), and no mediator being available, either because none can see you within 15 business days or because none is within 15 miles and you can't attend online.
What is Form FM5?
Form FM5 is the statement of position on non-court dispute resolution. In financial cases you usually file and serve it at least 7 days before the first hearing, explaining whether you've tried NCDR and your views on trying it.
Can I be ordered to pay costs for refusing mediation?
It's possible. Each side normally pays their own costs in financial remedy cases, but since 29 April 2024 the judge must consider any failure, without good reason, to attend a MIAM or NCDR. It's one factor among several, not an automatic penalty.
Does the other person have to attend the MIAM?
The respondent is expected to attend a MIAM, either with you or separately, though the rules place the formal requirement on the person applying.
How we can help
Court Help Limited is a family law paralegal firm in England and Wales. We're not solicitors and we don't represent clients in court, but we can help you understand the rules, check your Form A and MIAM sections, prepare your Form E and Form FM5, and organise your papers. Email help@incourt.co.uk or use the contact form on our website. You can also read what our clients say in our Google reviews.
Related guides
Sources
The Family Procedure (Amendment No. 2) Rules 2023, SI 2023/1324 (legislation.gov.uk), checked 30 October 2026
Family Procedure Rules Part 3 and Part 28 (justice.gov.uk), checked 30 October 2026
Practice Direction 3A and Practice Direction 9A (justice.gov.uk), checked 30 October 2026
GOV.UK forms: Form A (April 2024), Form FM1 (April 2024) and Form FM5, checked 30 October 2026
GOV.UK guidance: Get the court to decide, Get help agreeing and If you agree, checked 30 October 2026
This article is general information about the law in England and Wales. It is not legal advice and should not be relied on as legal advice. Every case turns on its own facts, and court fees and procedures change, so check GOV.UK for the latest position. Court Help Limited is a family law paralegal firm, not a firm of solicitors, and does not represent clients in court.
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