# The Family Procedure Rules 2010, Rule 3.10: MIAM exemption not validly claimed or no longer applicable


(1) If a MIAM exemption has been claimed, the court will inquire into whether the exemption—
(a) was not validly claimed; or
(b) was validly claimed but is no longer applicable.
(1A) The inquiry referred to in paragraph (1) must be made—
(a) when making the decision on allocation, in private law proceedings to which the MIAM requirement applies; or
(b) when making a decision on allocation (if such a decision is made), and in any event at the first hearing, in proceedings for a financial remedy to which the MIAM requirement applies.
(2) If a court finds that the MIAM exemption was not validly claimed , or that it was validly claimed but is no longer applicable, the court will—
(a) direct the applicant, or direct the parties to attend a MIAM; and
(b) if necessary, adjourn the proceedings to enable a MIAM to take place;
unless the court considers that in all the circumstances of the case, the MIAM requirement should not apply to the application in question.
(3) In making a decision under Rule 3.10(2), the court will have particular regard to—
(a) any applicable time limits;
(b) the reason or reasons why the MIAM exemption was not validly claimed;
(ba) the reasons why a MIAM exemption which was validly claimed is no longer applicable;
(c) the applicability of any other MIAM exemptions; ...
(ca) the potential benefits of attending a MIAM, including the opportunity to receive information about options for non-court dispute resolution; and
(d) the number and nature of issues that remain to be resolved in the proceedings.

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Source: https://www.legislation.gov.uk/uksi/2010/2955/rule/3.10 (the official version)
Page: https://openlegislation.uk/family-procedure-rules-2010/rule-3.10
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.