Do I Need a MIAM Before Filing Form A in London?

Do I Need a MIAM Before Filing Form A in London?

If you are thinking about applying to the London Family Court to resolve financial matters on divorce, you have almost certainly come across Form A and the requirement to attend a MIAM before filing Form A. For many people in London, this comes as a surprise, particularly when they feel they have tried everything to reach an agreement and court feels like the only remaining option.

This guide explains exactly what the MIAM requirement means for financial cases, what happens at the meeting, when you might be exempt, and how London Mediation Service can help you take the next step quickly and affordably.

What Is Form A and What Does It Start?

Form A is the court application you submit when you want a judge to make a financial remedy order on divorce or dissolution. Once Form A is issued, it formally opens financial remedy proceedings in the Family Court and sets in motion a structured process that can take many months and cost a significant amount in legal fees.

In London, financial remedy cases are heard in the Family Court at venues including the Central Family Court on Holborn. Cases can involve the division of property (particularly relevant given London’s high property values), savings, pensions, business interests, and ongoing maintenance payments.

You can read more about what Form A covers and how the process works in the Mediate UK guide, which walks through each stage of the financial remedy timeline.

Is a MIAM Compulsory Before Filing Form A?

Yes. Under the Family Procedure Rules 2010, specifically Practice Direction 3A, anyone applying to court in a family financial case must first attend a MIAM, or confirm that a valid exemption applies. This rule applies to financial remedy applications including those started by Form A.

The requirement was introduced to reduce the volume of cases entering the Family Court in England and Wales, and to encourage separating couples to explore whether a mediated settlement might be possible. It is not about forcing anyone to mediate, but about making sure the option has been genuinely considered before a judge gets involved.

When you complete Form A, there is a section where you must confirm that you have attended a MIAM or state the specific exemption you are relying on. If you claim an exemption, you may be asked to provide evidence at a later stage in the proceedings.

What Happens at a MIAM for a Financial Case?

A MIAM for a financial case in London is a private, confidential meeting between you and an accredited mediator. Your former partner is usually invited to attend their own separate MIAM session, though sometimes couples attend together where appropriate.

During the MIAM, the mediator will explain how financial mediation works, discuss the issues in your case, and assess whether mediation is suitable. They will also consider whether there are any safety concerns or other factors that might make mediation inappropriate.

A MIAM typically lasts around 45 to 60 minutes. At the end, the mediator will tell you whether mediation is suitable, and if so, they can arrange a first joint session. If mediation is not suitable, or if your former partner declines to attend, the mediator will sign and issue your MIAM certificate, which you then attach to your Form A application.

Our full MIAM London Guide covers what to expect, how to prepare, and how to book a MIAM in London.

MIAM Exemptions for Form A Applications

There are circumstances in which a MIAM is not required before filing Form A. These are set out in Practice Direction 3A and must be claimed on the form itself. The most common MIAM exemptions for financial cases include:

• Domestic abuse: Where there is evidence of domestic abuse or violence by the other party. You will usually be asked to provide supporting evidence such as a police report, injunction, or letter from a professional such as a GP or social worker.
• Urgency: Where delay would cause a risk to life, liberty or physical safety, or a significant risk of assets being disposed of or dissipated. This exemption is applied narrowly by the courts.
• Previous MIAM attendance: If you have attended a MIAM in the last four months in relation to the same dispute, you do not need to attend another one.
• No mediator available: If there is no accredited mediator within 15 miles of your home and no mediator can provide an appointment within 15 business days. In practice, this exemption rarely applies in London given the density of accredited services available.
• Bankruptcy or insolvency: Where either party is bankrupt or subject to formal insolvency proceedings.
• Other party not contactable: Where the applicant does not have sufficient contact details for the other party.

Courts in London do scrutinise MIAM exemption claims. A judge may ask at the first hearing whether the exemption was genuinely applicable, and if it was not, they can require the parties to attend a MIAM before the case continues. For the full list of exemptions, the Mediate UK guide on MIAM exemptions covers each one in detail.

What If Your Former Partner Refuses to Attend a MIAM?

This is one of the most common questions we hear. You can only control your own attendance, not your former partner’s. If the other party is invited and declines to attend, or simply does not respond, the mediator will confirm this and issue your MIAM certificate. You can then proceed with your Form A application.

It is important that the mediator is given a genuine opportunity to contact the other party. We send a written invitation and allow reasonable time for a response before confirming non-attendance. Courts may ask whether proper steps were taken to engage the other party before the certificate was issued.

Why a MIAM Is Worth Your Time, Even If You Plan to Go to Court

It is easy to see the MIAM as a box-ticking exercise when you feel certain that court is the only answer. However, many people who attend a MIAM in London come away with a clearer picture of whether mediation could genuinely help, particularly when they hear from an impartial professional how the process works.

Financial remedy proceedings in the London Family Court are often lengthy and expensive. Cases regularly take 12 to 18 months to resolve, with legal costs running into tens of thousands of pounds for each party. A mediated financial settlement, by contrast, can often be reached in two to four sessions. Once an agreement is reached in mediation, you can then have it made legally binding through a consent order.

What Is the MIAM Process Step by Step?

If you are ready to book a MIAM before filing Form A in London, here is what to expect:

1. Book your MIAM with an FMC-accredited mediator, such as London Mediation Service. You can book online or by phone.
2. Attend your MIAM session (in person at Waterloo, St Pancras, or Sutton, or online). This takes around 45 to 60 minutes.
3. Your former partner is invited to attend their own MIAM session. They do not have to attend the same session as you.
4. The mediator assesses suitability and discusses whether financial mediation could work in your situation.
5. If mediation is suitable, you can proceed to a first joint session.
6. If mediation is not suitable, or if your former partner declines, the mediator issues your MIAM certificate.
7. Attach the MIAM certificate to your Form A and submit your application to the Family Court.

How Much Does a MIAM Cost in London?

MIAM costs in London typically range from around £120 to £200 per person for an individual session. Costs can vary depending on the provider, location and whether you attend in person or online.

If you are on a low income, you may qualify for a publicly funded MIAM at no cost to you. Our costs and payments page covers the eligibility criteria and funding options in full. Legal aid for mediation is available to those who qualify and can make a significant difference to the overall cost of resolving a financial dispute.

Do I Still Need a MIAM If I Have a Solicitor?

Yes. The MIAM requirement applies to the parties in the case, not just those without legal representation. If you have a solicitor handling your financial remedy application, they will advise you to attend a MIAM before they can file Form A on your behalf, unless a valid exemption applies.

Many solicitors in London work alongside accredited mediators as part of a broader approach to resolving financial disputes. This is sometimes called a “lawyer-supported mediation” approach, where each party has independent legal advice but the financial discussions happen in mediation rather than through solicitor correspondence.

Completing Form A After Your MIAM

Once you have your MIAM certificate, you can include it with your Form A submission. Form A itself requires detailed information about the nature of the financial application you are making. It can be straightforward in principle but many people find the court forms confusing, particularly when it comes to the section on assets and the relief being sought.

If you need help completing Form A accurately and within the court’s requirements, understanding what happens once Form A is filed is a good place to start before you submit.

Does a MIAM Apply to All Financial Cases in London?

The MIAM requirement applies to applications made under the Matrimonial Causes Act 1973 and related legislation, which covers the majority of financial remedy applications on divorce. This includes applications for property adjustment, pension sharing, lump sum orders, and maintenance.

If you are an unmarried couple and your financial dispute falls under TOLATA (the Trusts of Land and Appointment of Trustees Act 1996), the MIAM requirement may apply differently. You should take legal advice if you are unsure whether a MIAM is required in your specific situation. The Mediate UK guide on financial remedies in divorce covers the full range of orders the court can make.

Frequently Asked Questions