If you're applying to court as part of your divorce, you'll usually need a MIAM first. Book online through our trusted digital service.
Book a MIAM →Do You Need Mediation Before Applying for Divorce?
Mediation is not required to apply for a divorce in England and Wales. But if you also need court orders about your children or finances — which many separating couples do — a MIAM is usually required before those applications can be made.
Key Points
- You do not need to attend a MIAM to apply for a divorce itself — the divorce application (D8) does not require one.
- However, if you need a court order about children (such as a child arrangements order) or finances (such as a financial remedy order), a MIAM is usually required before those applications.
- Under no-fault divorce (introduced April 2022), either spouse can apply for divorce without the other's agreement.
- Mediation can help resolve disagreements about children and finances that arise during or after divorce — often more quickly and cheaply than going to court.
- If you and your spouse agree on children and finances, you may not need any court applications at all — a consent order can record your agreement.
The Divorce Application and Mediation — What Is Required?
The divorce application itself — the D8 form — does not require you to have attended a MIAM. You can submit a divorce application without having had any contact with a mediator.
This has been the position under no-fault divorce, which came into force in England and Wales in April 2022 under the Divorce, Dissolution and Separation Act 2020. Under no-fault divorce, either spouse can apply unilaterally for a divorce, without needing to prove fault or obtain the other spouse's agreement.
So if your question is specifically 'do I need to go to mediation before I can get divorced?' — the answer is no. The divorce process itself does not have a mediation gateway.
Clear distinction: Divorce application (D8 form): no MIAM required. Court orders about children or finances: MIAM usually required.
What About Children and Financial Arrangements?
For many people going through a divorce, the divorce itself is the simpler part. The harder questions are: where will the children live? How will assets and finances be divided? These issues often require either a negotiated agreement or a court order.
If you and your spouse cannot agree on these matters and need to apply to court — for a child arrangements order, a financial remedy order, a property adjustment order, or a pension sharing order — a MIAM is usually required before those applications can be made.
This is where the MIAM requirement becomes relevant in the context of divorce. It is not triggered by the divorce itself, but by the related court applications that often accompany it.
Example: A couple agrees to divorce by consent and submits a D8 application. They do not need a MIAM for this. But they cannot agree on the family home or pension. When one spouse applies to the court for a financial remedy order, a MIAM is required before the application will be accepted.
What If You and Your Spouse Agree on Everything?
If you and your spouse are able to agree on arrangements for children and finances without a court order, you may not need any family court applications beyond the divorce itself.
However, many couples choose to formalise their financial agreement through a consent order, which is a court order made by consent. A consent order makes the agreement legally binding and prevents either party from making future financial claims against the other.
Applying for a consent order does require a MIAM — though in practice, where both parties are in agreement, the MIAM is usually brief and straightforward.
Worth knowing: Without a consent order, financial claims between former spouses can persist even after the divorce is finalised. A consent order — even where both parties agree — gives legal certainty that a verbal or informal agreement does not.
Where Does Mediation Fit in the Divorce Process?
While mediation is not a requirement for the divorce itself, it can be a useful tool at various stages of the process — particularly for working out arrangements for children and finances.
In the context of no-fault divorce, the new process encourages a more collaborative approach. Parties who use mediation to reach agreement on the key issues can often complete the entire divorce process — including financial and children's arrangements — without contested court proceedings.
Mediation tends to work best when both parties are willing to engage and the issues, while difficult, are capable of resolution. If domestic abuse or a significant power imbalance is present, it may not be appropriate.
Timing: Mediation can take place at any stage — before the divorce application, alongside it, or after the divorce is granted. It does not need to be completed before the D8 is submitted.
What Is the No-Fault Divorce Process?
Under the Divorce, Dissolution and Separation Act 2020, which came into force on 6 April 2022, the grounds for divorce in England and Wales changed significantly.
Previously, to obtain a divorce within the first two years of separation, one spouse had to allege fault — such as adultery or unreasonable behaviour. This often inflamed conflict.
Under no-fault divorce, either spouse (or both jointly) can apply for a divorce by stating simply that the marriage has irretrievably broken down. No fault needs to be assigned. The other spouse cannot contest the divorce (though they can dispute other matters such as children or finances).
The process involves two stages: the conditional order (formerly known as the decree nisi) and the final order (formerly the decree absolute). There is a minimum 20-week waiting period between application and the conditional order, and a further 6-week gap before the final order.
Reference: Divorce, Dissolution and Separation Act 2020 · Ministry of Justice · GOV.UK Divorce guidance
Next Steps: Understanding What Court Applications You Need
The first step is to clarify which applications you need to make alongside — or following — your divorce. If you and your spouse can agree on children and finances, a consent order (plus the divorce application itself) may be all you need.
If you cannot agree, and need to apply to court for a child arrangements order or financial remedy order, find an FMC-accredited mediator and book a MIAM as soon as possible. The MIAM certificate is required before those applications will be accepted.
If you are unsure what applications you need, a family solicitor can help you identify the right route.
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