United Kingdom · family
How to Complete Form FM5 in the UK Family Court
Form FM5 is the mandatory Statement of Position on Non-Court Dispute Resolution required in England and Wales family proceedings following the April 2024 Family Procedure Rules reforms. Both applicants and respondents must complete and file this form to explain what efforts they have made to settle outside court or justify why litigation is unavoidable. Completing it incorrectly or unreasonably rejecting mediation exposes you to court adjournments and severe adverse costs orders.
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Sign upThe Legal Requirement in the UK: FPR Part 3 and Form FM5
In the family courts of England and Wales (United Kingdom), procedural changes introduced on 29 April 2024 under amendments to the Family Procedure Rules 2010 (FPR) Part 3 transformed how judges handle private law children arrangements and financial remedy cases. Under FPR rule 3.3(1A), the court is under an active, continuous duty to consider whether non-court dispute resolution (NCDR)—such as mediation, arbitration, collaborative law, or neutral evaluation—is appropriate at every stage of your proceedings.
To enforce this duty, the court requires each party to complete and file Form FM5 ('Statement of position on non-court dispute resolution'). You cannot ignore this form or treat it as administrative paperwork. In financial remedy cases, FPR rule 28.3(7) empowers judges to treat an unreasonable refusal to participate in NCDR as conduct that justifies departing from the standard 'no order as to costs' rule, exposing you to personal liability for your ex-partner's legal fees, as reinforced in decisions like Re X (Financial Remedy: Non-Court Dispute Resolution) [2024] EWHC 538 (Fam).
Breaking Down the Form: Key Sections and What to Declare
Form FM5 requires you to confirm your procedural role (applicant or respondent), provide your court case number, and declare your formal position regarding NCDR. Crucially, the form distinguishes between a Mediation Information and Assessment Meeting (MIAM) and actual dispute resolution. Attending an individual MIAM does not qualify as having participated in NCDR. If you only attended a MIAM, you must tick 'No' to participating in NCDR and set out your explanation.
If you have engaged in NCDR, you must specify the method (such as family mediation, arbitration, or private FDR), the dates, the provider, and explain why a court order remains necessary despite those efforts. If you have not engaged in NCDR, you must state why. Acceptable justifications include documented domestic abuse exemptions, extreme urgency, or evidence that you extended formal invitations that the other party ignored or refused. Vague claims like 'we cannot agree' or 'it would be a waste of time' will not satisfy the judge.
Tactical Compliance, Deadlines, and Your Next Steps
The standard court direction requires Form FM5 to be filed with the family court and served on the other party at least 7 working days before your first hearing (such as the First Hearing and Dispute Resolution Appointment (FHDRA) or First Directions Appointment (FDA)). Missing this deadline or submitting a dismissive statement signals to the judge that you are using court proceedings punitively rather than as a measure of last resort.
Under FPR rule 3.4(1A), the court has the power to adjourn your hearing and direct both parties to attempt dispute resolution outside court, even if one or both of you object. Ensure your explanations on Form FM5 are factual, measured, and focused on practical dispute barriers rather than emotional grievances. You can use Caunsel to research your procedural obligations, save and organize your draft forms in a case file, or list your matter to consult an independent family law barrister or solicitor.
Steps
- Download the current version of Form FM5 from the GOV.UK portal and verify your hearing date to calculate the 7-working-day filing deadline.
- Identify whether you participated in joint NCDR sessions (such as mediation or arbitration); if you only attended a MIAM assessment alone, select 'No' for NCDR attendance.
- Draft a concise, factual narrative explaining the outcome of any NCDR attempted or the genuine statutory reasons (e.g., domestic abuse, genuine urgency, or unresponsiveness by the other party) why NCDR could not proceed.
- Review your answers to ensure you have not included character attacks or allegations that distract from your procedural dispute position.
- Sign and date the statement of truth, file the completed form with your local Family Court administration, and immediately serve a copy on the other party or their solicitor.
Common mistakes
- Claiming you completed NCDR when you only attended an initial individual MIAM assessment.
- Using Form FM5 as an opportunity to air relationship grievances instead of focusing purely on dispute resolution attempts.
- Refusing NCDR on subjective grounds, such as asserting your former partner is stubborn, which invites an adjournment under FPR 3.4(1A) and potential costs penalties under FPR 28.3.
- Failing to serve the completed Form FM5 on the other side at least 7 working days prior to the first hearing.
Questions people ask
Does attending a MIAM count as participating in NCDR on Form FM5?
No. A Mediation Information and Assessment Meeting (MIAM) is an assessment of suitability, not a dispute resolution process. If you only attended a MIAM, you must state 'No' on Form FM5 when asked if you have attended NCDR, and then specify why joint sessions did not follow.
What happens if I refuse to attempt mediation or NCDR without a valid reason?
Under FPR rule 3.4(1A), a family court judge can adjourn your court hearing to encourage you to attempt NCDR. In financial remedy cases, the court may also order you to pay a portion of the other party's legal costs under FPR rule 28.3(7) for unreasonable conduct.
Do both the applicant and the respondent have to file Form FM5 in England and Wales?
Yes. Unless expressly directed otherwise by the court, both parties must complete, file, and serve their own individual Form FM5 at least 7 working days before the scheduled hearing.
Ask Caunsel to evaluate your Form FM5 draft explanations or connect with an independent family lawyer to ensure your position complies with FPR Part 3.
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General information only, last updated 2026-10-14. Caunsel is not a law firm and does not practise law. AI answers and this guide are not legal advice. Verify filings, deadlines, and statutes with a licensed lawyer in United Kingdom.