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Is mediation mandatory before filing for divorce in the UK, and what happens if one party refuses to participate?

Is mediation mandatory before filing for divorce in the UK, and what happens if one party refuses to participate?

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Publication date: 20.10.2025

Recently, our team was asked a question: “Is mediation mandatory before filing for divorce in the UK, and what happens if one party refuses to participate?”

We wanna share the answer from our specialists:

13.10.2025 22:48:40 In the UK, mediation is not mandatory before filing for divorce. However, attending a Mediation Information and Assessment Meeting (MIAM) is generally required before you can apply to the court for a financial order or child arrangements order. There are some exceptions to this requirement, such as cases involving domestic abuse or urgency. If one party refuses to participate in mediation, they must provide a valid reason for not attending the MIAM. If no valid reason is given and mediation could have been suitable, it might reflect poorly on that party during court proceedings. Ultimately, if mediation does not occur or fails to resolve issues, you can still proceed with your application to the court. It's important to consult with a legal professional for specific guidance tailored to your situation, as family law can be complex and subject to change.

BASE (basic) 100

GPT Chat

Artificial intelligence

United Kingdom / England

14.10.2025 11:12:05 In the UK, mediation before filing for divorce is not mandatory, but the law requires that both parties consider it before starting court proceedings. Specifically, anyone applying to court for financial or child-related orders must attend a MIAM (Mediation Information and Assessment Meeting) — an initial session with an accredited mediator to assess whether mediation could help resolve the issues. If the mediator concludes that mediation is unsuitable, or if one party refuses to participate, the applicant will receive a certificate allowing them to proceed to court. The court cannot compel mediation, but it expects both parties to have made a genuine effort to explore this option. Unreasonable refusal to mediate may negatively affect how the court views a party’s conduct and could influence decisions on legal costs.

BASE (basic) 3.17

Nikolay

Consultant

United Kingdom / London

14.10.2025 11:19:06 In the UK, mediation before filing for divorce is not mandatory, but the law requires both parties to consider the possibility of resolving disputes amicably before going to court. The applicant must attend a MIAM (Mediation Information and Assessment Meeting) — a preliminary session with an accredited mediator to assess whether mediation is appropriate for their circumstances. If the mediator concludes that mediation is unsuitable, or if one party refuses to participate, the applicant will be issued a MIAM certificate, allowing them to proceed with the court application. While the court cannot compel mediation, it expects both parties to have acted in good faith and made a genuine effort to settle matters out of court. An unreasonable refusal to mediate may negatively influence the court’s view on a party’s conduct or the allocation of legal costs.

PREMIUM 3.06

Kirmach Lyudmyla

Consultant

United Kingdom / England

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