Since 2014, attending a Mediation Information and Assessment Meeting (MIAM) has been a legal requirement for most family law applications in England and Wales. The intention is to encourage separating couples to resolve disputes outside of court, saving time, money, and emotional strain. However, the rules recognise that mediation is not always suitable or safe. That’s why there are 15 specific exemptions allowing you to bypass the MIAM and proceed directly to court.
But knowing when and how to claim an exemption is not always straightforward. Many self-representing applicants find the process confusing, and mistakes can lead to delays, rejected applications, or even wasted fees. Here’s what you need to know to avoid common pitfalls and ensure your application is accepted the first time.
Understanding the Main Exemption Categories
The exemptions are grouped into several broad categories, each with its own requirements and evidence standards:
1. Domestic Abuse If you or your child have experienced domestic abuse from the other party, you may be exempt. The definition of abuse is wide and includes physical, emotional, psychological, financial, or coercive control. However, the court will not accept vague statements or unsubstantiated claims. You must provide specific evidence, such as:
A police caution or conviction for a domestic abuse offence within the last five years
A non-molestation order (NMO) or other protective injunction
A letter from a GP, health professional, or social worker confirming injuries or risk
A finding of fact in previous court proceedings
It’s important to note that the evidence must be recent (usually within the last five years) and directly related to the parties involved. If you cannot provide the required documentation, explain why in your application, but be aware that the court may still require further proof.
2. Urgency Some situations are so urgent that waiting for mediation could put someone at risk. The urgency exemption applies if there is a real risk to life, liberty, or the home, and immediate court intervention is needed—typically within eight days. Examples include:
Threats of abduction or harm to a child
Imminent risk of violence or homelessness
The need for an urgent order to prevent the disposal of assets
You must clearly explain the urgency in your application and, where possible, provide supporting evidence (such as police reports or letters from professionals). The court will scrutinise urgency claims closely, so avoid exaggeration.
3. Previous MIAM or Mediation If you have attended a MIAM or attempted mediation about the same issue within the last four months, you do not need to repeat the process. Attach proof of attendance or a mediator’s certificate. This exemption is often overlooked, so check your records before booking another MIAM.
4. Lack of Contact Details If you genuinely do not have contact details for the other party and have made reasonable efforts to obtain them, you may be exempt. However, the court expects you to try all reasonable avenues—such as asking mutual friends or family, or checking public records. Simply stating “I don’t know” is not enough.
5. Other Exemptions There are additional exemptions, such as if the application is for a consent order (where both parties agree), if the other party is in prison, or if there are child protection concerns being investigated by the local authority. Each exemption has its own criteria and evidence requirements.
Proof and Paperwork: Avoiding Common Mistakes
One of the most frequent reasons for rejected applications is incomplete or incorrect paperwork. On Form C100 (for child arrangements) and Form A (for financial orders), you must tick the correct exemption box and attach all supporting evidence. If you use Form FM1, ensure it is filled out accurately and signed by the appropriate person (mediator or applicant).
If you claim an exemption but do not provide the required evidence, the court will usually return your application and ask you to attend a MIAM, causing delays. For domestic abuse or urgency exemptions, always include copies of court orders, police references, or professional letters. If you are unsure which exemption applies, read the form carefully—each exemption is listed with a brief description.
What Happens Next?
Claiming an urgency exemption allows you to skip the MIAM, but it does not mean the court will ignore safeguarding concerns. In children cases, Cafcass (Children and Family Court Advisory and Support Service) will still carry out safeguarding checks before the first hearing. Be prepared for this, and provide any information requested promptly.
Practical Tips for Self-Representing Applicants
Double-check which exemption applies to your situation and gather all necessary evidence before submitting your application.
If you are claiming more than one exemption, tick all relevant boxes and provide supporting documents for each.
Keep copies of everything you send to the court, including forms and evidence.
If your situation changes (for example, you obtain a protective order after submitting your application), inform the court as soon as possible.
Caira makes it easier: Caira identifies the correct exemption for your circumstances and pre-fills the FM1 form, reducing the risk of mistakes and delays.
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Disclaimer: This blog post provides general information for educational purposes only. It is not legal advice. Outcomes can vary based on your personal circumstances.
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