MIAMs · England & Wales
Is a MIAM compulsory?
Yes, in most cases. Section 10 of the Children and Families Act 2014 makes attending a MIAM a legal requirement before you can apply to the family court for a child arrangements order or a financial order, unless a recognised exemption applies. The court will not accept your application without confirmation that you attended, or valid evidence of an exemption.
What is not compulsory is mediation itself. The MIAM is the meeting you must attend; whether you then go on to mediate is entirely your choice, and the mediator’s assessment of whether it is suitable.
Last reviewed · 12 June 2026 · Jess Knauf, Director of Client Strategy
Requirement under s.10 Children and Families Act 2014 · Strengthened by the April 2024 Family Procedure Rules changes
What “compulsory” actually means
The requirement is on the person who wants to make the application. Before you can issue most private family law applications, the law expects you to have attended a MIAM so that you understand mediation and the alternatives to court before asking a judge to decide. It is a gateway step, not a hurdle designed to stop you reaching court.
Two things are often confused, so to be clear:
| Compulsory | Not compulsory |
|---|---|
| Attending a MIAM before you apply, unless exempt. | Taking part in mediation after the MIAM. |
| The applicant attending their MIAM. | The other person attending theirs, though they are invited. |
| Providing evidence if you claim an exemption. | Reaching any agreement at all. |
Which cases is a MIAM compulsory for?
The requirement applies to most private family law applications about children or money. In outline, you must attend a MIAM before applying for:
| Application | Covers |
|---|---|
| C100 | Child arrangements, prohibited steps and specific issue orders. |
| Form A | Financial orders on divorce or dissolution. |
| Certain C1 / C2 applications | Parental responsibility, guardianship, change of a child’s surname, removal from the UK, and special guardianship. |
The full list, with the Children Act sections, is on which forms need a MIAM. It does not apply where you are only asking the court to approve an agreement by consent, where you are enforcing an existing order, or where an exemption applies. For who the requirement falls on, see who needs a MIAM.
What happens if you do not attend a MIAM?
If a MIAM is required for your application and you have neither attended one nor established a valid exemption, the court will not process the application. In practice it is returned to you with a direction to attend a MIAM first. That means delay, at a point when many people are anxious to get their case moving.
Since April 2024 the position has been firmer in a second way. Changes to the Family Procedure Rules strengthened the expectation that people consider non-court dispute resolution, such as mediation, throughout a case, not just at the start. The court can now ask the parties to set out their views on using non-court dispute resolution, can pause proceedings to allow it, and can take a party’s conduct in this respect into account when deciding who pays the costs. Skipping mediation without good reason can therefore have consequences beyond the initial MIAM.
Can a MIAM ever be skipped legitimately?
Yes, through a valid exemption. The exemptions cover situations such as domestic abuse with accepted evidence, genuine urgency, child protection involvement, a MIAM attended in the last four months, and certain practical barriers. Each needs evidence, and the court checks it. The complete list and the evidence expected are on MIAM exemptions.
Why is the MIAM compulsory at all?
The requirement exists because, for many families, court is slower, more expensive and more adversarial than it needs to be. The MIAM is a single hour that makes sure you have understood the alternatives before you commit to a court process, and it gives a trained mediator the chance to spot cases where mediation could resolve things faster and more amicably.
It is also a safety checkpoint. The meeting includes a structured assessment for domestic abuse and safeguarding concerns, conducted with each person separately, so that no one is steered towards a process that would put them at risk. That dual purpose, information and assessment, is why the meeting is compulsory even though mediation is not.
Need to satisfy the MIAM requirement? Book a MIAM with an FMC-accredited mediator and your court form is signed where appropriate. Facing a deadline? Ask about a same or next-working-day urgent MIAM, or call 0330 999 0959.
Quick answers
Is a MIAM compulsory: common questions
Is a MIAM a legal requirement?
Yes. Under section 10 of the Children and Families Act 2014, attending a MIAM is a legal requirement before applying to the family court for most child or financial orders, unless an exemption applies.
Is mediation compulsory after the MIAM?
No. The MIAM is compulsory; mediation is voluntary. You decide whether to go ahead, and the mediator assesses whether it is suitable. You can attend the MIAM and then choose to apply to court instead.
What happens if I apply to court without a MIAM?
If a MIAM was required and you have no valid exemption, the court will not process your application and will direct you to attend a MIAM first. This delays your case.
Does my ex have to attend a MIAM too?
No. Only the applicant must attend. The other person is invited to their own separate MIAM, but their attendance is not compulsory and their refusal does not stop you applying to court.
Did the rules change in 2024?
Yes. From April 2024, the Family Procedure Rules strengthened the expectation that parties consider non-court dispute resolution throughout a case. The court can ask for the parties’ views on it, pause proceedings for it, and take conduct into account on costs.
Is a MIAM compulsory in Scotland or Northern Ireland?
No. The MIAM requirement applies in England and Wales only. Scotland and Northern Ireland have separate family law systems that do not use MIAMs.
Sources and further reading
- Children and Families Act 2014, section 10
- Family Procedure Rules, Part 3, including the April 2024 changes on non-court dispute resolution
- Practice Direction 3A, MIAM exemptions
Reviewed by Jess Knauf, Director of Client Strategy, Mediate UK. MIAM UK is a trading name of Family Legal Ltd. Last reviewed 12 June 2026.