Most court applications require a MIAM certificate. Book online through our trusted digital service.
Book a MIAM →Applying to the Family Court Explained
Applying to the family court can feel daunting, especially if you have never been involved in court proceedings before.
This page explains what applying to the family court usually involves, when people apply, and what steps are commonly required before an application is made.
What is the family court?
The family court in England & Wales deals with issues relating to family relationships.
This can include applications about:
- arrangements for children
- financial matters following separation or divorce
The court's role is to make decisions when agreement cannot be reached.
When do people apply to the family court?
People usually apply to the family court when:
- agreement cannot be reached through discussion
- mediation is not suitable or has not resolved the issue
- urgent decisions are required
Court is often considered a last resort.
Types of family court applications
Common family court applications relate to:
- arrangements for children
- financial matters following separation or divorce
Different applications are used depending on the issue being raised.
The role of the MIAM before court
Before applying to the family court in most cases, people are required to attend a MIAM.
The MIAM explains mediation and assesses whether it may be suitable for resolving the issue without court proceedings.
MIAM exemptions
In some situations, a MIAM is not required before applying to court.
These situations are known as exemptions.
What happens after an application is made?
After an application is submitted:
- the court reviews the application
- both parties are notified
- further steps are scheduled depending on the case
The process varies depending on the type of application and circumstances.
Using mediation alongside court
Even after a court application has been made, mediation can still be used.
Some people use mediation to:
- narrow issues
- reach agreement on some matters
- reduce the need for court decisions
Common questions about applying to court
Do I have to go to court in person?
Not always. Some hearings can take place remotely, and in some cases, matters may be decided without a hearing. The court will provide guidance depending on your application.
Can I apply without a solicitor?
Yes. It is possible to make a court application without legal representation. However, many people choose to seek legal advice to help them understand the process.
What if the other person does not respond?
If the other party does not respond to a court application, the court will still proceed. The process and outcome will depend on the specifics of the case.
Book a MIAM
If you are considering applying to family court, a MIAM is often the first step. You can book a MIAM through our trusted digital service.
Book a MIAM onlineDelivered by qualified family mediators in line with family court requirements for England & Wales.
Applying to the family court does not have to feel overwhelming.
Understanding the process and your options can help you move forward with greater confidence and clarity.
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