MIAMs · England & Wales
MIAM exemptions
You do not need to attend a MIAM if a recognised exemption applies. The main exemptions are domestic abuse with accepted evidence, genuine urgency, child protection involvement, a MIAM attended in the last four months, and certain practical barriers such as no accredited mediator being available nearby.
If you claim an exemption you must provide the evidence the court accepts, and the court will check it before processing your application. If your exemption is not valid, the application can be returned, so it is worth getting this right.
Last reviewed · 12 June 2026 · Jess Knauf, Director of Client Strategy
An urgent application may qualify for an exemption, but the safest route is still to discuss it with an accredited mediator, who can confirm whether an exemption applies or issue your certificate the same or next working day.
Exemptions set out in FPR Practice Direction 3A · Reflects the April 2024 Family Procedure Rules changes
The MIAM exemptions, by category
The exemptions fall into four groups. Each one needs evidence, and the court’s accepted evidence is set out in Practice Direction 3A. Here they are, grouped for clarity.
Urgency
Already addressed
Practical barriers
Safety and protection
Evidence required
- Domestic abuseWhere there is evidence of domestic abuse between you and the other party. Accepted evidence includes a relevant conviction, caution or ongoing criminal proceedings, a protective injunction, a letter from a health professional, or a letter confirming admission to a refuge. The full list of accepted evidence is in Practice Direction 3A.
- Child protectionWhere a child who would be the subject of the application is the subject of child protection enquiries by a local authority, or is the subject of a child protection plan.
Urgency
Risk-based
- An urgent applicationWhere the application must be made urgently because there is a risk to the life, liberty or physical safety of you or your family, a risk of harm to a child, or a risk that a child will be unlawfully removed from, or kept outside, the UK.
Already addressed
Within the last 4 months
- A recent MIAMWhere you attended a MIAM, or a relevant exemption applied, in the four months before making the application.
- Already in another processWhere you are already taking part in another form of non-court dispute resolution about the same, or substantially the same, dispute.
Practical barriers
Access & circumstance
- No mediator availableNo authorised family mediator can conduct a MIAM within fifteen miles of your home, or none has availability within fifteen working days. Online MIAMs have made this far less common.
- Disability or inability to attendYou or the other party cannot attend because of a disability or other inability to attend, and no mediator is available with appropriate facilities.
- Cannot contact the other partyYou do not have, and cannot reasonably obtain, contact details for the other party.
- Prison or detentionYou or the other party are in prison or otherwise detained, or are subject to conditions such as bail or licence conditions that prevent contact.
- Living overseasYou or the other party are not habitually resident in England and Wales.
- Without-notice applicationThe application is to be made without notice to the other party, in the limited circumstances the rules allow.
- Existing or related proceedingsThe application is made in proceedings that are already continuing, or relates to certain bankruptcy matters.
This reflects the position under Practice Direction 3A. The exemptions were tightened by the changes to the Family Procedure Rules in April 2024, which also strengthened the court’s expectation that parties consider non-court dispute resolution. Always check the current rules, or ask an accredited mediator, before relying on an exemption. For the requirement these exemptions are exceptions to, see is a MIAM compulsory, who needs a MIAM and which forms need a MIAM.
Should you still attend a MIAM if you are exempt?
Often, yes, and here is the honest reasoning. Even where an exemption is available, attending a MIAM can be worthwhile: one of our accredited mediators can confirm whether your exemption is genuinely valid, sign the relevant part of your form, and tell you whether mediation, including arrangements that keep you and the other person apart, might still be safe and appropriate.
That is because a wrongly claimed exemption is a common reason for an application to be sent back, which costs you time when you may have little to spare. If you are unsure whether your situation qualifies, it is usually quicker to check with a mediator than to risk a rejected application.
If domestic abuse is a factor, your safety comes first. You are not obliged to attend, and you should never feel pressured into any process with someone who has harmed you. If you need support, the National Domestic Abuse Helpline is free and open 24 hours a day. A MIAM is conducted separately from the other person, and a good mediator will support you to apply to court directly if that is the right route.
Not sure if you are exempt? Our accredited mediators can confirm whether an exemption applies to your situation and sign the right form either way. Book a MIAM, or call 0330 999 0959 to talk it through in confidence.
Quick answers
MIAM exemptions: common questions
Am I exempt from a MIAM if there has been domestic abuse?
You may be. Domestic abuse is a recognised exemption, but the court accepts only certain forms of evidence, such as a relevant conviction or caution, a protective injunction, a letter from a health professional, or a refuge admission letter. The accepted evidence is listed in Practice Direction 3A. If you choose to attend a MIAM anyway, it is held separately from the other person.
How long does a MIAM exemption last?
An exemption based on a recent MIAM or non-court dispute resolution generally covers the four months before your application. Other exemptions, such as urgency or domestic abuse, depend on the circumstances at the time you apply.
Who decides whether my exemption is valid?
The court reviews the exemption and the evidence when it processes your application. A mediator can also assess and confirm certain exemptions and sign the relevant part of your form. If the court finds an exemption was not validly claimed, it can direct you to attend a MIAM.
Is “my ex won’t mediate” an exemption?
No. The other person refusing to take part is not an exemption. Instead, you attend your own MIAM, the mediator records that the other person declined, and you receive your signed form so you can apply to court.
Do I need a MIAM if there is no mediator near me?
There is an exemption where no authorised mediator can conduct a MIAM within fifteen miles of your home, or none has availability within fifteen working days. In practice, online MIAMs have made this far less common, since an online MIAM is fully valid and removes the distance barrier. See online MIAMs.
What happens if I claim an exemption wrongly?
The court can reject the exemption and return your application, directing you to attend a MIAM first. This delays your case, so if you are unsure it is usually quicker to check with an accredited mediator before filing.
Sources and further reading
- Family Procedure Rules, Practice Direction 3A, MIAM exemptions and accepted evidence
- Children and Families Act 2014, section 10
- Form FM1 on GOV.UK
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. This is general guidance, not legal advice about your circumstances.