If you and your former partner have already reached an agreement and simply want the court to make it official, you may be wondering whether you still need to attend a MIAM first. The short answer is no. When you apply for a consent order, whether about finances or child arrangements, you do not need to attend a Mediation Information and Assessment Meeting. This guide explains why, clears up a common point of confusion with the C100 form, and sets out what a consent order application involves.
The short answer: no MIAM is needed for a consent order
Normally, before applying to the family court about children or finances, you must attend a MIAM, unless a valid exemption applies. The whole purpose of a MIAM is to explore whether mediation could help you resolve a dispute without going to court. A consent order, by definition, means there is no dispute left to resolve: you have already agreed. For that reason, a MIAM is not required for a consent order application. This is confirmed in the court’s own rules and forms. This applies whether your consent order is about finances (dividing property, savings, pensions and other assets) or about arrangements for children. In both cases, because you have reached agreement, the requirement to attend a MIAM does not apply.
Why the C100 form can be confusing
Here is a practical point that catches many people out, and it is worth understanding. For a financial consent order, the process is separate and straightforward: you submit the agreed order together with a Form D81 (a statement of your financial information), and the MIAM question simply does not arise. For a child arrangements consent order, though, you use the C100 form, which is the same form used for contested applications. Because of that, the C100 leads you through a section about whether you have attended a MIAM or are claiming an exemption, and it can look as though you are being asked to attend a MIAM or tick a specific exemption when there is no obvious “this is a consent order” box in the way you might expect. This causes understandable confusion. The reassuring position is that the rules are clear: where parents apply for a child arrangements order by consent, there is no requirement to attend a MIAM, nor to evidence attendance or an exemption. If you are completing a C100 for an agreed order and find the MIAM section confusing, this is exactly the sort of thing a solicitor or your mediator can help you navigate, and it is worth getting right so your application is not held up.
What is a consent order, and why does it matter?
A consent order is a legally binding document, approved by a family court judge, that formalises the agreement you have reached. It confirms the agreed terms and, in financial cases, prevents either party from making further financial claims against the other in future. This last point is genuinely important, particularly for finances. Getting divorced does not, by itself, end your financial ties to one another. Without a consent order, a former spouse could in principle bring a financial claim against you years, even decades, later. A consent order, and in particular a clean break order, is what gives both of you certainty and closes that door. It is the step that turns an informal agreement into real, lasting protection.
How to apply for a consent order
The process generally involves three stages:
- Drafting the order. The agreed terms are drafted into a formal consent order, usually with the help of a solicitor to make sure it is correctly worded and legally sound.
- Filing the application. For a financial order, you submit the draft order with a Form D81 (statement of information) and the court fee, which is currently £60. For a child arrangements consent order, you use the C100 as described above.
- Judicial approval. A judge reviews the order to check it is fair and reasonable, particularly in financial cases, where they consider the factors set out in section 25 of the Matrimonial Causes Act 1973. If satisfied, the judge approves and seals it, and it becomes legally binding.
Once approved, both parties must comply with the order, and it can be enforced if either does not.
Where mediation fits in
You might be reading this having already agreed everything yourselves, in which case you can proceed straight to a consent order. But many couples reach that agreement precisely through mediation. If you have not yet agreed, or have agreed some things but not others, mediation is often the most effective way to get to a fair, complete agreement that can then be turned into a consent order. In mediation, an impartial mediator helps you both work through the issues, on the basis of full financial disclosure, and reach an agreement you both accept. The mediator records what you agree, and a solicitor can then draft it into a consent order for the court. To understand this fully, guide to family mediation for finances.
A word of advice
Although you do not need a MIAM for a consent order, it is strongly recommended that you take independent legal advice before submitting one, to make sure the agreement is fair, properly drafted and genuinely meets your needs. A consent order is legally binding and difficult to change later, so it is worth getting right the first time.
Not yet reached full agreement?
Mediation helps you reach a fair agreement that can be made binding through a consent order. Your MIAM is the first step.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. Court fees and procedures can change; for advice on your own circumstances, consult a family solicitor.
