MIAM Exemptions UK 2026 | Who Doesn't Need a MIAM?

What Is a MIAM Exemption?

Most people must attend a MIAM before applying to the family court (s10 Children and Families Act 2014). A MIAM exemption is a circumstance, listed in Rule 3.8 of the Family Procedure Rules, in which that requirement does not apply. You claim it on your C100 or FM1 when you apply.

The exemptions were significantly tightened from 29 April 2024 by the Family Procedure (Amendment No 2) Rules 2023: some grounds were removed, evidence requirements strengthened, and courts now check claims at the gatekeeping stage.

The Exemptions (Rule 3.8 FPR)

1. Domestic abuse

You are exempt if there is evidence of domestic abuse in one of the forms listed in Practice Direction 3A, paragraph 20. Accepted evidence includes:

• an arrest, caution, ongoing criminal proceedings or conviction for a domestic abuse offence;
• a protective injunction or an order binding a party over in connection with a domestic abuse offence;
• a domestic abuse protection notice (s24 Crime and Security Act 2010);
• a letter from a health professional, an Independent Domestic Violence Adviser (IDVA), an Independent Sexual Violence Adviser (ISVA), a refuge, or a local authority, confirming abuse or risk of abuse;
• confirmation of leave to remain granted as a victim of domestic abuse; and
• evidence of abuse relating to financial matters (financial abuse).

"Domestic abuse" follows the definition in the Domestic Abuse Act 2021 — it includes coercive control and economic abuse, not only physical violence.

2. Child protection

The exemption applies where a child would be a subject of the application and a local authority is involved — for example the child is subject to section 47 enquiries or a child protection plan.

3. Urgency

Where the application is urgent because delay would cause:

• risk to the life, liberty or physical safety of you, your family or your household; or
• risk of a child being abducted or removed from the United Kingdom (or retained abroad); or
• other defined serious risks, including unreasonable hardship or irretrievable problems in dealing with the dispute.

4. Previous MIAM or NCDR within 4 months

Under Rule 3.8(1)(d), you are exempt if in the 4 months before the application you attended a MIAM — or a non-court dispute resolution process about the same (or substantially the same) dispute, with evidence as specified in PD3A. The same applies if the application is made in existing continuing proceedings for which you already attended a MIAM.

5. Other exemptions

• Bankruptcy (financial remedy applications only), with evidence specified in PD3A;
• you have no sufficient contact details for any other prospective party;
• the application would be made without notice;
• a party is in prison, or subject to bail or licence conditions preventing contact with the other person;
• a party is not habitually resident in England and Wales;
• a child is one of the prospective parties; or
• you cannot attend a MIAM online or by video-link AND there is no authorised family mediator with an office within 15 miles of your home — an explanation is required on the form (FM1, April 2024).

A mediator can also determine at (or when arranging) a MIAM that mediation is not suitable — that is recorded on the form and is not something you claim yourself.

How to Claim an Exemption

Frequently Asked Questions

Is a 5-year time limit still applied to domestic abuse evidence?

Time limits that previously applied to some forms of evidence have been removed for most categories — PD3A paragraph 20 defines what is 'relevant' evidence. Check the current Practice Direction text or take legal advice rather than relying on older articles.

Can I claim urgency just because I want a quick decision?

No. Urgency has a specific legal meaning — risk to life, liberty or physical safety, risk of child abduction/removal, or similar serious prejudice from delay. A weak urgency claim risks the court staying your application and directing a MIAM.

If I'm exempt, can I still mediate later?

Yes. Exemption only removes the obligation to attend a MIAM — mediation remains available whenever it is safe and suitable, and courts can encourage non-court dispute resolution during proceedings (Rule 3.4 FPR).

Does my ex-partner claiming an exemption affect me?

Exemptions are claimed by the applicant. If you are the respondent, you may still be invited to a MIAM by a mediator, but you cannot be required to attend one before the applicant applies.

Sources & Further Reading

• Family Procedure Rules, Rule 3.8 — full exemption list
• Practice Direction 3A — evidence requirements (para 20+)
• Family Procedure (Amendment No 2) Rules 2023 — the April 2024 changes
• Domestic Abuse Act 2021
• FM1 form (April 2024)
• National Domestic Abuse Helpline

Content fact-checked against GOV.UK, the Family Procedure Rules and the Family Mediation Council: July 2026.