Before you can apply to the family court about children or finances, you usually have to attend a MIAM (Mediation Information and Assessment Meeting) first. But not always. The law recognises certain situations where a MIAM is not required, known as exemptions. This guide sets out the current list of MIAM exemptions in England and Wales, the evidence you need to claim one, and the important ways the rules tightened in April 2024.
What is a MIAM exemption?
A MIAM exemption is a legally recognised reason that allows you to apply to the family court without attending a MIAM first. The requirement to attend a MIAM comes from the Children and Families Act 2014, and the exemptions themselves are set out in the Family Procedure Rules, specifically rule 3.8 and Practice Direction 3A. When you make your court application, using a C100 for child arrangements or Form A for financial matters, you either include a MIAM certificate or claim a valid exemption on the accompanying FM1 form. It is worth being realistic from the outset: the exemptions are relatively narrow, and since April 2024 the courts examine them far more closely than they used to. If your exemption does not stand up, the court can pause your case and send you to a MIAM anyway, so it is often worth attending one if you are unsure.
The current list of MIAM exemptions
The main exemptions are as follows.
Domestic abuse
If there is evidence of domestic abuse between you and the other party, you are exempt. This is the most significant and most commonly used exemption. “Domestic abuse” takes the meaning given in the Domestic Abuse Act 2021, which includes not only physical violence but also controlling or coercive behaviour, economic abuse, and psychological or emotional abuse. A wide range of evidence is accepted, including police cautions, charges or convictions, protective injunctions, a finding of fact by a court, letters from health professionals, and letters from domestic abuse support services or refuges.
Previous non-court dispute resolution
You are exempt if you have already attended a MIAM, or taken part in another form of non-court dispute resolution, in the four months before your application. Note the wording here changed in April 2024: it now covers non-court dispute resolution generally, such as mediation or arbitration, rather than mediation alone.
Urgency
You may be exempt where the matter is genuinely urgent, for example where there is a risk to the life, liberty or physical safety of you, your family or your home, a risk that a child will be wrongfully removed from the UK, or a risk of significant harm to a child. This exemption was narrowed in April 2024: where it relies on hardship, it now requires “significant” financial hardship caused by delay, rather than the looser “unreasonable hardship” that applied before.
Bankruptcy
Where the application concerns bankruptcy, in defined circumstances, a MIAM is not required.
No authorised mediator available
You may be exempt if there is no authorised family mediator with capacity to conduct a MIAM within fifteen miles of your home. Since April 2024, showing this requires contacting five mediators (increased from three) and confirming that none can see you within fifteen working days. In practice this exemption is much harder to rely on now that MIAMs are widely available online.
Disability or inability to attend
If you have a disability or other inability to attend a MIAM, you may be exempt, but this too was tightened. You now need to show that you cannot attend even online or by video, and that no mediator is able to accommodate your needs, before the exemption applies.
Other recognised exemptions
Further exemptions apply in specific situations, including where the application would be made without notice to the other party, where a child who is the subject of the application is already involved in ongoing care, supervision or emergency proceedings, or is subject to a child protection plan, and where you do not have, and cannot reasonably obtain, the contact details needed to invite the other party to a MIAM.
Two important changes you should know about
The April 2024 reforms did not just adjust the list; they changed how exemptions work in practice, in two ways that catch people out. Evidence must now be provided upfront. Previously, you could claim an exemption and produce your supporting evidence later, at the first hearing. Now, any evidence supporting your exemption must be attached to your application from the start. Applying without it risks your claim being rejected. The court actively scrutinises exemption claims. Gatekeeping judges now inquire into whether an exemption has been validly claimed, and whether it still applies, rather than simply accepting a ticked box. If the court decides your exemption is not valid, it can direct you to attend a MIAM and adjourn your proceedings while you do. In short, a weak or unsupported exemption is more likely to delay your case than to speed it up.
Not sure whether you qualify?
Exemptions are narrower and more closely examined than many people expect, and getting an exemption claim wrong can hold your case up. If you are unsure whether you qualify, the simplest and safest course is often just to attend a MIAM. It is a straightforward, confidential meeting, it may open the door to resolving matters without court at all, and if mediation is not suitable, the mediator can issue the certificate you need to proceed. You can read more about what a MIAM involves or book one online.
A note on domestic abuse
If you are experiencing domestic abuse, please know that you do not have to sit in a room, virtual or otherwise, with someone who has harmed you in order to move forward. The domestic abuse exemption exists precisely so that you can go straight to court where you need to. Your safety comes first. If you are in immediate danger, contact the police on 999, and support is available from the National Domestic Abuse Helpline on 0808 2000 247.
Unsure if you need a MIAM?
If in doubt, attending a MIAM is usually the simplest route forward, and may resolve things without court at all.Book your MIAM | Call 0333 567 1676 | mediators@wemediate.co.uk
This article is general information about the family court process in England and Wales and is not legal advice. Whether an exemption applies depends on your specific circumstances; for advice on your own case, consult a family solicitor.
