By law, if you are separating or have separated, and are involved in a dispute concerning children or finances, you must book a Mediation Information and Assessment Meeting (or MIAM) with a mediator. However, there are 7 exemptions that permit you to bypass the MIAM, which you will need to disclose in your application form to the court.
The exemptions for a MIAM can be broadly summarised into 7 categories:
- Consent – you both agree on a parenting plan, and/or how your assets and liabilities will be divided.
- Domestic Abuse – if there is evidence that you have been the victim of domestic abuse in your relationship.
- Previous MIAM – there is an exemption for you and/or your partner if one of you has completed a MIAM within the last 4 months.
- Bankruptcy Order – the person applying for the exemption is being, or has been, declared bankrupt.
- No Family Mediator Available – no qualified family mediator can be found within 15 miles of the applicant’s home and a video interview is not possible, within 15 days of making contact with the mediator.
- Emergency Orders – if there are ongoing proceedings, in relation to children, for emergency care orders, care proceedings or supervision proceedings.
- Financial Enforcement – the proceedings are to enforce a financial remedy order.
When dealing with your application, the court may ask further questions about your exemption and you may need to provide evidence.
The exemptions above are summarised and a lot more detail (including evidence requirements) can be found at: https://www.justice.gov.uk/courts/procedure-rules/family/practice_directions/pd_part_03a
If you dont qulaify for an exemption and need to book a MIAM, or want to discuss if the exemptions apply to you, don’t hesitate to call us on 01223 459713, WhatsApp 07444138420 or fill in our contact form at: https://arcresolution.co.uk/contact-us/
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