If you are applying to the family court about children or finances, you will almost certainly need to complete Form FM5. It is a relatively new requirement, many people have never heard of it, and it catches a lot of applicants by surprise. This guide explains, in plain English, what the FM5 is, who has to file it, what it asks, and how a MIAM and mediation can make it far easier to complete.
What is Form FM5?
Form FM5 is a court form with the official title “Statement of Position on Non-Court Dispute Resolution (NCDR)”. It was introduced on 29 April 2024 as part of significant changes to the Family Procedure Rules in England and Wales.
The purpose is straightforward. Before your case is heard, the court wants to know one thing: what have you done to try to resolve your dispute away from court, and if you have not tried, why not? The FM5 is where you set that out. It reflects a wider shift in the family courts towards expecting people to make a genuine effort to settle matters without a judge wherever it is safe and appropriate to do so.
Who needs to complete an FM5?
The requirement applies to proceedings issued on or after 29 April 2024, in two main types of case:
- Private law children proceedings (for example, applications for a Child Arrangements Order); and
- Contested financial remedy proceedings (financial disputes on divorce or separation).
Both the applicant and the respondent must complete their own FM5. In other words, it is not just the person who starts the case: if you have been served with an application, you will usually need to file one too.
There is an important exception. Where domestic abuse is an issue in the case, the FM5 requirement does not apply in the same way. If this affects you, say so clearly, and speak to a mediator or solicitor about how it changes what is required of you.
When does the FM5 need to be filed?
The form must be filed with the court and served on the other party at least seven days before your first hearing. Depending on your type of case, that first hearing might be a First Hearing Dispute Resolution Appointment (FHDRA) in a children case, or a First Directions Appointment (FDA) in a financial case.
It does not necessarily end there. Under the revised rules, the court must consider at every stage whether non-court dispute resolution is appropriate, and a judge can direct you to complete a fresh FM5 before a later hearing too. So it is not simply a one-off box to tick at the start.
What does the FM5 actually ask?
The form is short, but the questions carry weight. In essence, it asks:
- whether you have attended any form of non-court dispute resolution about the issues in your case;
- if you have, why you are still asking the court for an order despite that, and why the non-court route did not resolve matters; and
- if you have not, why not, and why you say non-court dispute resolution was not the right approach.
You then sign a statement of truth confirming your answers are accurate.
The point most people get wrong
Here is the detail that trips people up, and it is worth reading twice. On the FM5, attending a MIAM on your own does not, by itself, count as having done non-court dispute resolution. NCDR on this form means joint sessions of mediation between you and the other party, or another qualifying option such as arbitration or collaborative law.
So if you have only attended your MIAM and gone no further, you will generally have to answer “no” to having attended NCDR, and then explain why. That is not a criticism, there are many perfectly good reasons NCDR has not happened, but it does mean you need to understand the difference before you fill in the form.
What counts as non-court dispute resolution?
The definition was deliberately widened in April 2024. It is no longer just mediation. NCDR now includes:
- Family mediation, where an impartial mediator helps you both work towards an agreement;
- Arbitration, where a privately appointed arbitrator makes a binding decision;
- Collaborative law, where each party is advised by a lawyer in round-table meetings; and
- Neutral evaluation, where a neutral third party gives a view on the likely outcome.
Mediation is the most established and usually the most affordable of these, which is why it is where most people start.
Why the FM5 matters more than it looks
It is tempting to treat the FM5 as just another form. It is not. Since April 2024, the court has real powers behind it. A judge can adjourn your proceedings to allow non-court dispute resolution to be explored, even without both parties agreeing. And in financial cases especially, a party who refuses to engage in NCDR without good reason risks a costs order being made against them. The days of simply ticking a box to avoid mediation are over.
Approached properly, the FM5 is an opportunity rather than a hurdle. Being able to show the court you have genuinely tried to resolve things, or have a sound reason why you could not, puts you in a stronger position.
How a MIAM and mediation help you complete it
This is where getting your MIAM done early pays off. At your MIAM, an accredited family mediator will explain all the non-court options and which might suit your case, exactly the information the FM5 expects you to have considered. If you go on to mediate, you will have genuine NCDR to point to on the form. And if mediation is not suitable, your mediator can issue the certificate you need to proceed, and you will be able to explain clearly why the non-court route was not appropriate.
Please note that a mediator cannot complete the FM5 for you, it is your statement to the court, but the MIAM gives you the understanding you need to fill it in with confidence.
Get your MIAM done early
If you know a family court application is coming, the sensible first step is to book your MIAM now rather than in the rush before a hearing. With MIAM Direct, appointments are online and often available the same day, and where you need a certificate we issue it within 24 hours.
Facing a court application?
Book your MIAM online and get the information, and where needed the certificate, you need for your FM5 and your case.
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This article is general information about the family court process in England and Wales and is not legal advice. For advice on your own circumstances, consult a family solicitor.
Reviewed by Richard Hartley, FMC-accredited family mediator (FMC Reg. 1546A). Last reviewed 1/7/2026.