MIAM Exemptions UK | Skip the MIAM Certificate Requirement

Not everyone needs to attend a MIAM before applying to court. This guide explains all valid MIAM exemptions under the Family Procedure Rules, including the important changes that came into effect on 29 April 2024, and what evidence you need to claim them.

What is a MIAM Exemption?

A MIAM exemption is a valid legal reason that allows you to apply directly to family court without first attending a Mediation Information Assessment Meeting (MIAM). The full list of exemptions is set out in Rule 3.8 of the Family Procedure Rules and Practice Direction 3A.

When you complete the C100 form for child arrangements or Form A for financial remedies, you must either attach a MIAM certificate (Form FM1) or indicate which exemption applies to your situation with supporting evidence.

April 2024 FPR Changes: What You Need to Know

The Family Procedure (Amendment No 2) Rules 2023 made significant changes to MIAM exemptions from 29 April 2024:

Key Changes

1. Reduced Exemption Categories: Some exemptions have been removed or narrowed
2. Stricter Court Scrutiny: Gatekeepers now actively review exemption evidence at the allocation stage
3. Evidence Required Upfront: Supporting documents must accompany your application
4. Terminology Updated: "Domestic violence" is now "domestic abuse" aligned with the Domestic Abuse Act 2021
5. Disability Exemption Narrowed: Must now prove inability to attend online or by video link, and contact 5 mediators (up from 3) within 15 miles
6. Urgency Requires "Significant" Hardship: The urgency exemption now requires demonstrating "significant" financial hardship, not just "unreasonable" hardship

What Happens If Your Exemption Is Rejected

According to Practice Direction 3A, if the court decides your MIAM exemption was not validly claimed:

• Your application will be stayed for 3 weeks
• You will be directed to attend a MIAM or provide further evidence
• Proceedings may be adjourned until MIAM takes place
• The court may make costs orders against parties who fail to engage without good reason

The 15 MIAM Exemption Categories

1. Domestic Abuse (Rule 3.8(1)(a))

The most common exemption. Under the Domestic Abuse Act 2021, domestic abuse includes physical or sexual abuse, violent or threatening behaviour, controlling or coercive behaviour, economic abuse, and psychological or emotional abuse.

Acceptable Evidence (Practice Direction 3A, Section 20):

• Arrest for a domestic abuse offence
• Police caution for domestic abuse (within 5 years)
• Ongoing criminal proceedings for domestic abuse
• Conviction for domestic abuse
• Domestic abuse protection notice under Crime and Security Act 2010
• Domestic abuse protection notice under Domestic Abuse Act 2021, Section 22
• Non-molestation order, occupation order, or other protective injunction
• Undertaking given in court under Family Law Act 1996
• Court finding of fact regarding domestic abuse
• Letter from GP or health professional confirming injuries consistent with domestic abuse (from in-person examination)
• Letter from health professional referral to domestic abuse support service
• MARAC (Multi-Agency Risk Assessment Conference) letter
• Letter from IDVA (Independent Domestic Violence Advisor) or ISVA (Independent Sexual Violence Advisor)
• Letter from local authority or housing association support worker
• Letter from domestic abuse organisation (operating 6+ months)
• Letter confirming refuge admission or refusal due to full capacity
• Evidence demonstrating financial abuse
• Home Office confirmation of leave to remain as domestic abuse victim

2. Child Protection (Rule 3.8(1)(b))

Applies when a child would be the subject of the application AND:

• The child is subject to local authority enquiries under Section 47 of the Children Act 1989
• The child is subject to a child protection plan
• Emergency protection proceedings are ongoing

Evidence Required: Letter from local authority confirming current investigation or protection plan status.

3. Urgency (Rule 3.8(1)(c))

Applies when the application is genuinely urgent because there is:

• Risk to life, liberty or physical safety of applicant, family, or home
• Risk of significant harm to a child
• Risk of unlawful removal of child from UK or retention outside England & Wales
• Significant risk of miscarriage of justice
• Significant financial hardship (the word "significant" was added in April 2024)
• Irretrievable problems in dealing with the dispute (including loss of evidence)
• Risk of proceedings being brought in another state with jurisdiction

Evidence Required: Clear explanation in your application with supporting documentation (police reports, professional letters). Courts scrutinise urgency claims closely.

4. Previous MIAM or Non-Court Dispute Resolution (Rule 3.8(1)(d))

Exempt if within 4 months before your application:

• You attended a MIAM for the same or substantially the same dispute
• You participated in non-court dispute resolution (NCDR) for the same dispute

Evidence Required: Written confirmation from the mediator or NCDR provider, or existing MIAM certificate.

5. Ongoing Proceedings (Rule 3.8(1)(f))

Applies when making an application within continuing proceedings where you previously attended a MIAM before those proceedings started.

6. Bankruptcy (Rule 3.8(1)(h)) - Financial Remedy Only

Applies to financial remedy proceedings (Form A) only when:

• The applicant has applied for a bankruptcy order
• A creditor has petitioned for the applicants bankruptcy
• The applicant is subject to a bankruptcy order

Evidence Required: Bankruptcy application, creditor petition, or bankruptcy order documentation.

7. Without Notice Applications (Rule 3.8(1)(j))

Applies when the application is being made without notice to the other party (typically for safety reasons or to prevent asset disposal).

8. Disability or Inability to Attend (Rule 3.8(1)(k))

Significantly narrowed since April 2024. Now only applies if:

• The applicant has a disability or other inability preventing in-person attendance
• The applicant cannot attend online or by video link (must explain why)
• The applicant contacted 5 mediators within 15 miles (up from 3) who could not provide appropriate facilities

Evidence Required: Names, addresses, contact dates of 5 mediators contacted, plus explanation of why online attendance is impossible.

9. Detention or Bail Conditions (Rule 3.8(1)(l))

Applies when the applicant or all respondents:

• Are in prison or other institution requiring detention
• Are subject to bail conditions preventing contact
• Are subject to licence conditions prohibiting contact

Evidence Required: Prison documentation or bail/licence condition paperwork.

10. Child as Party (Rule 3.8(1)(n))

Applies when a child under 18 would be a prospective party to the proceedings.

11. No Mediator Available Within 15 Working Days (Rule 3.8(1)(o))

Applies if:

• The applicant contacted 5+ authorised family mediators within 15 miles
• None could provide a MIAM within 15 working days
• The applicant cannot attend online or by video link (with explanation)

Evidence Required: Names, postal addresses, telephone numbers/emails, and contact dates of all mediators approached.

12. No Mediator Within 15 Miles (Rule 3.8(1)(p))

Applies if:

• No authorised family mediator operates within 15 miles of the applicants home
• The applicant cannot attend online or by video link (with written explanation)

13. Cannot Locate Respondent

Applies when the applicant does not have sufficient contact details for any respondent to enable a mediator to contact them for scheduling.

Evidence Required: Proof of reasonable efforts to locate (electoral roll searches, social media investigation, tracing service reports).

14. Not Habitually Resident in England & Wales

Applies when the applicant or all respondents are not habitually resident in England and Wales.

15. Consent Orders

When seeking a consent order where both parties have already agreed terms, a MIAM is not required.

How to Claim a MIAM Exemption

What are MIAM exemptions?

What evidence do I need for a domestic abuse MIAM exemption?

What changed about MIAM exemptions in April 2024?

What happens if my MIAM exemption claim is rejected?

Can I claim multiple MIAM exemptions?

Do I need to serve my MIAM exemption evidence on the other party?

Can I self-certify a MIAM exemption?

What if I cannot get evidence for my domestic abuse exemption?

Does claiming a MIAM exemption mean I cannot try mediation?

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Official Resources & Further Reading

Primary Legal Sources

• Rule 3.8 Family Procedure Rules - Complete list of MIAM exemptions in legislation
• Practice Direction 3A - Detailed evidence requirements and court procedures
• Part 3 FPR - Non-Court Dispute Resolution - Full procedural rules
• Family Procedure (Amendment No 2) Rules 2023 - April 2024 changes
• Domestic Abuse Act 2021 - Definition of domestic abuse

Government Guidance

• Gov.uk - MIAM Requirements - Official government guidance
• FM1 Form (April 2024) - Current MIAM certificate form
• Cafcass - Children and Family Court Advisory Service

Professional Resources

• Family Mediation Council - Find accredited mediators
• The Law Society - MIAM Guidance - Practitioner guidance
• Resolution - Family law professionals

Domestic Abuse Support

• National Domestic Abuse Helpline - 0808 2000 247 (24hr, free)
• Womens Aid - Support and refuge finder
• Mens Advice Line - 0808 801 0327
• Refuge - Emergency accommodation
• Galop - LGBT+ domestic abuse (0800 999 5428)
• Victim Support - 0808 168 9111