When do I have to file form FM5?

Practice Direction 3A says at least 7 days before the first hearing on notice, unless the court sets another period. The form itself says 7 working days, so sending it 7 working days ahead meets both.

Do both parties fill in an FM5?

Yes. Each party completes, files and serves their own form, and each FM5 filed goes in the hearing bundle as a preliminary document.

Does a MIAM count as non-court dispute resolution?

No. The FM5's own notes say NCDR does not include attending a MIAM.

Can the court make me go to mediation?

The court can encourage NCDR, give directions and adjourn to allow time for it. Not attending will not change its decision on the issues, but in financial remedy cases a failure without good reason can be considered on costs.

Form FM5: how to give the court your position on non-court dispute resolution

Family court · Mediation and NCDR · England and Wales · Last checked 23 October 2026

Short answer. Form FM5 is a short statement telling the court whether you have tried mediation or another form of non-court dispute resolution (NCDR), and if not, why not. In financial remedy cases each party must file and serve one at least 7 days before the first hearing, and in other cases when the court directs. There is no fee, and each party completes their own.

Key points

It comes from Family Procedure Rules rule 3.3(1A) and Practice Direction 3A, in force since 29 April 2024.
The form itself says to return it at least 7 working days before the hearing, which is earlier than the 7 days in the practice direction.
A MIAM does not count as NCDR on this form.
Not attending NCDR without good reason does not change the court's decision on the issues, but can count when the court considers costs.

Since April 2024 family courts have had to consider at every stage whether a dispute could be resolved outside court. The FM5 is how they find out where each party stands. It is only six pages, but what you write is signed with a statement of truth and goes in the bundle the judge reads.

What form FM5 is for

Family Procedure Rules rule 3.3(1) says the court must consider, at every stage, whether non-court dispute resolution is appropriate. Rule 3.3(1A) adds that when the court requires it, each party must file and serve a form setting out their views on using NCDR. The FM5, a statement of position on non-court dispute resolution, is that form.

NCDR means using a third party to help resolve the dispute outside court. The form lists mediation, arbitration, neutral evaluation (such as a private financial dispute resolution appointment), collaborative law, and other methods. Its notes say that attending a MIAM on its own is not NCDR.

When you need it

Practice Direction 3A, paragraphs 10B and 10C, makes the FM5 automatic in two kinds of case:

Financial remedy proceedings where the MIAM requirement applies, such as a contested Form A application. It does not apply to a consent order application, because the MIAM requirement does not apply to those.
Private law children proceedings where the MIAM requirement applies and the case is progressing on the online system, unless the applicant claimed a MIAM exemption on the basis of domestic abuse or a form C1A has been filed.

In other cases, including paper children applications, you file an FM5 when the court directs it, usually in a case management order. The court can also ask for an updated FM5 before a later hearing.

Where domestic abuse is in issue, the system does not expect people to sit down together. The exemptions exist so that a party is not pushed towards mediation that is not safe, and the FM5 lets you say why NCDR is not suitable.

Deadline

Source	What it says
Practice Direction 3A, para 10C(a)	File and serve at least 7 days before the first hearing held on notice to all parties, or within another period the court directs
PD3A, para 10C(b)	If the court requires, an updated FM5 at least 7 days before a later hearing
Form FM5, page 1	Return it at least 7 working days before your first hearing or appointment, and send a copy to the other party

The two wordings differ. Sending the form at least 7 working days ahead meets both. If the court has set its own date in an order, that date applies.

The fee

There is no court fee for filing an FM5. It is a statement in existing proceedings, not an application. The fees for starting the case itself are in our family court fees guide.

Before you start

The current version. The gov.uk FM5 page was first published on 29 April 2024 and last updated on 8 October 2024, when a Welsh version was added. The English form is marked 04.24.v2.
Your case number, the court, and both parties' names.
Details of any NCDR you attended: the type, the provider's name and the dates.
Your MIAM position, if you are the applicant: whether you attended or claimed an exemption, and whether that exemption still applies.

Form FM5, question by question

Your role in the case: applicant or respondent.
Have you attended NCDR about the disputes in the application? Yes takes you to question 3; no takes you to question 4.
If you attended: 3.1, which types (tick all that apply); 3.2, the provider's name and the dates; 3.3, why you are now seeking a court order despite attending NCDR, and why it was not the right way to resolve the remaining disputes. The note warns not to give details of confidential discussions in NCDR.
If you did not attend: 4.1 is for applicants only and asks whether you were entitled to a MIAM exemption and whether it still applies. If yes, the form is complete. 4.2 asks why you are seeking a court order and why NCDR was not right for your case.
Statement of truth, signed and dated.

Keep answers short and factual. A fictional example of a 4.2 answer: "We had one mediation session in March. It ended because we could not agree on the valuation of the house. I am willing to try again once a valuation is available."

Where it goes: the hearing bundle

Page 6 of the form says that in a children case you send it to the court dealing with your case, or upload it if you have an online account. In a financial case, people representing themselves send it to HMCTS Financial Remedy, PO Box 12746, Harlow, CM20 9QZ.

Under Practice Direction 27A any FM5 filed in the proceedings is a preliminary document for the hearing bundle: paragraph 6.6(b) in financial remedy cases and paragraph 7.10(c) in other cases. Paragraphs 6.4 and 7.8A say each party files their own version. The full text is on justice.gov.uk: Practice Direction 27A. Your position statement should also cover negotiation and NCDR where relevant.

What the court can do with it

Encouraging NCDR. Rule 3.4 says that where the court considers NCDR appropriate and the timetable allows, it should encourage the parties to get information about it, consider it and undertake it. It can give directions on an application or of its own initiative, and then directions about how and when the parties tell the court whether issues have been resolved. In children cases under Practice Direction 12B, those directions come only after the court has the safeguarding letter or report.

Adjourning. Practice Direction 3A, paragraph 10D, says the court should make clear if it expects gaps between hearings to be used for NCDR, and that it also has a general power to adjourn for that purpose under rule 4.1.

Costs. Paragraph 10E says that not attending NCDR will not affect the court's substantive decision, but conduct around NCDR can be taken into account on costs. In financial remedy cases the general rule is no order for costs (rule 28.3(5)), but the court can order costs because of a party's conduct, and rule 28.3(7)(aa) requires it to consider any failure, without good reason, to attend a MIAM or NCDR.

Common mistakes

Treating a MIAM as NCDR on the form.
Describing what was said in mediation. The form asks you not to.
Filing one joint form. Each party files their own.
Missing the deadline because the 7 days was read as calendar days.
Using question 4.2 to argue the whole case instead of explaining why NCDR has not worked or is not suitable.
Forgetting to send a copy to the other party.

Our page on mediation versus court compares the options, and our financial remedy timeline shows where the first hearing falls.

Download the official form

Download form FM5 from gov.uk.

Where EvidenceCanvas fits, and where it does not. EvidenceCanvas does not fill in form FM5, choose a dispute resolution method for you, or send anything to the court or the other party. If you need to show what attempts were made and when, it can help you pull the dates of mediation sessions, letters and offers from your own documents into a chronology you check and confirm.

Questions people ask

When do I have to file form FM5?: Practice Direction 3A says at least 7 days before the first hearing on notice, unless the court sets another period. The form itself says 7 working days, so sending it 7 working days ahead meets both.
Do both parties fill in an FM5?: Yes. Each party completes, files and serves their own form, and each FM5 filed goes in the hearing bundle as a preliminary document.
Is there a fee for form FM5?: No. It is a statement in existing proceedings, not an application.
Does a MIAM count as non-court dispute resolution?: No. The FM5's own notes say NCDR does not include attending a MIAM.
Can the court make me go to mediation?: The court can encourage NCDR, give directions and adjourn to allow time for it. Not attending will not change its decision on the issues, but in financial remedy cases a failure without good reason can be considered on costs.

Checked on 23 October 2026: gov.uk form FM5 page (updated 8 October 2024) and form version 04.24.v2; FPR Part 3 (rules 3.3 and 3.4); Practice Direction 3A, paras 10B to 10E; FPR Part 28 (rule 28.3); Family Procedure (Amendment No. 2) Rules 2023 (main changes in force 29 April 2024); Practice Direction 27A (in force 2 March 2026, as amended), paras 6.4, 6.6, 7.8A and 7.10. General information for England and Wales, not legal advice. Your court's directions take priority over this guide.