It is not always necessary to issue Court proceedings or attend court to deal with the financial element of all divorce cases. However, it may be the only or indeed best option for some people, particularly if an agreement cannot be reached via negotiation, mediation or another means of dispute resolution.
If court proceedings are required, you must first attend an appointment with a mediator for a mediation information and assessment meeting. This meeting is more commonly known as a MIAMs appointment. The government have made it a legal requirement for all parties to attend a MIAMs before an application to deal with finances can be issued at Court; essentially, to ensure that mediation has been considered properly by the person wanting to start court proceedings.
There are various exemptions covering situations which mean you do not need to attend a MIAMs. They include; domestic violence, urgency and a previous attempt at mediation.
The urgency category covers situations where to delay the issuing of proceedings would cause; risk to life, physical safety or protection to you or your home, unreasonable hardship, a miscarriage of justice or a risk that your spouse issued proceedings in another country.
In order to rely on the previous attendance at MIAMs, it must have taken place within the last 4 months.
The other exemptions include;
- The presence of a bankruptcy petition
- No or lack or contact details for a spouse
- None of the mediators within 15 miles of the potential applicant’s home can provide a MIAMs appointment within 15 days
- There is no authorised mediation office within 15 miles of the potential applicant’s home.
- Either the husband or the wife is in prison
- Either the husband or the wife is not habitually residence in England & Wales
Some mediators offer a free MIAMs appointment but most will charge a fixed fee. The mediator will sign off the requisite form which must then be provided to your solicitor so that court proceedings can start.