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).
When you complete the C100 form, you must either attach a MIAM certificate or indicate which exemption applies to your situation.
Key Point
Even if you qualify for an exemption, mediation may still be beneficial. Exemptions don't mean mediation isn't right for you - only that attending a MIAM isn't legally required.
Categories of MIAM Exemption
1Domestic Abuse
- Police investigation or criminal proceedings
- Relevant court order (non-molestation, occupation order)
- MARAC referral
- Evidence from domestic abuse support service
- Police caution or conviction
- Relevant protective injunction
- Letter from health professional
- Letter from refuge or support organisation
2Child Protection
- Local authority child protection enquiries
- Child subject to child protection plan
- Child is a relevant child (in care or subject to proceedings)
3Urgency
- Risk to life, liberty or physical safety
- Risk of significant harm to children
- Unlawful removal of child from UK
- Risk of miscarriage of justice
- Unreasonable hardship if delay
- Irretrievable problems with dispute resolution
4Previous MIAM/Mediation
- Valid MIAM certificate already exists (within 4 months)
- Mediation is ongoing
- Previous mediation broke down within 4 months
5Other Valid Exemptions
- Other party is in prison
- Applicant doesn't have contact details and can't find them
- Disability or other reason makes attendance not possible
- No mediator available within 15 miles
- Mediator contacted but no appointment within 15 working days
- Applicant is a child (under 18)
- Other party lives abroad
MIAM Exemption for Domestic Abuse
Domestic abuse is the most common reason for MIAM exemption. If you or your children have experienced domestic abuse from the other party, you may not need to attend a MIAM.
Acceptable Evidence Includes:
Support Resources
If you're experiencing domestic abuse, help is available:
How to Claim a MIAM Exemption
Identify Your Exemption
Review the exemption categories above and identify which applies to your situation.
Gather Evidence
Collect any documents that support your exemption claim (police reports, court orders, letters, etc.).
Complete the C100 Form
On the C100 form, tick the exemption box that applies and provide details.
Attach Evidence
Include copies of your evidence with your court application. Keep originals safe.
Frequently Asked Questions
What are MIAM exemptions?
MIAM exemptions are valid legal reasons why you don't need to attend a Mediation Information Assessment Meeting before applying to court. Common exemptions include domestic abuse, child protection concerns, and urgency.
Do I need evidence for a MIAM exemption?
Yes, for most exemptions you need evidence. For domestic abuse, this might include police reports, court orders, or letters from support services. Your solicitor or the court can advise on acceptable evidence.
Can I self-certify a MIAM exemption?
For some exemptions like urgency, you can self-certify on the C100 form. However, the court may ask for evidence later, and false claims can have serious consequences.
What happens if I claim an exemption I don't qualify for?
Making a false exemption claim is a serious matter. The court may refuse your application, order you to attend a MIAM anyway, or in extreme cases, take further action for misleading the court.
Not Sure If You Qualify for an Exemption?
Chat with Miam to understand your options, or speak with a family law solicitor for personalised legal advice.
Disclaimer
This information is provided for general guidance only and does not constitute legal advice. MIAM.quest is an AI-powered preparation tool - we do not provide mediation services. Always consult a qualified legal professional for advice specific to your situation.