The most common question I’m asked, in our free consultation discussions, is ‘Do I really need to have a MIAM?’. For most people separating, with issues they can’t resolve themselves, the answer is yes.
With recent tightening up of law concerning family issues (April 2024), the Mediation Information and Assessment Meeting (MIAM) is compulsory for people separating (or who have separated) with issues concerning children and/or finances.
So what happens if you don’t want a MIAM? First you’ll need to claim a valid exemption* on the application form to the family court, giving your reasons and sometimes submitting evidence to justify your exemption. When your case arrives at the court, if the judge considers your exemption unacceptable, you may be sent back to complete a MIAM. If you still refuse, the judge may take your reluctance into account, when deciding on the outcome of the case (e.g. requiring you to pay your ex-partner’s legal fees).
The following are unlikely to be acceptable exemptions for the court:
- ‘I don’t think mediation will work’
- ‘My ex-partner won’t do a MIAM’
- ‘My ex-partner brought up these issues – why should I have to take part in a MIAM?’
So, if you need to book a MIAM, contact us by email (admin@arcresolution.co.uk), use our contact form (https://arcresolution.co.uk/contact-us/) or ‘phone 01223 459713, and we can generally arrange a meeting within 7 days. Our charges are £90 for the meeting, but if you’re eligible for Legal Aid, both you and your ex-partner will receive your MIAM for free.
*The 7 approved exemptions will be explained in our next blog post (13th September 2024) or at https://www.justice.gov.uk/courts/procedure-rules/family/practice_directions/pd_part_03a
Photocredit: Stockrocket (iStock)
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