If you’re navigating divorce, separation, or the breakdown of a relationship and need to make an application to the Family Court, there is an important form you need to know about before submitting your case.
Form FM5: What You Need to Know
Form FM5 is a court document that requires you to explain what Non-Court Dispute Resolution (NCDR) options you have explored before turning to the courts, or why you have not attempted them.
The courts are increasingly encouraging families to resolve disputes outside of court wherever possible. Failure to complete the required steps could result in delays to your case.
Who Needs to Complete Form FM5?
Both the applicant and the respondent must complete their own FM5 form and file it with the court at least seven days before the first hearing.
The form applies to:
- Private law children proceedings, including applications for Child Arrangements Orders
- Contested financial remedy proceedings following divorce or separation
What Counts as Non-Court Dispute Resolution?
Form FM5 asks about the steps you have taken to resolve matters without court intervention, including:
- Mediation
- Arbitration
- Collaborative law
- Neutral evaluation
- Other recognised forms of non-court dispute resolution
It is important to note that attending a MIAM (Mediation Information and Assessment Meeting) on its own does not count as NCDR for the purposes of the FM5 form. Only participation in a joint mediation session or another recognised dispute resolution process qualifies.
What Happens If You Haven’t Tried NCDR?
If you have not attempted an appropriate form of non-court dispute resolution and cannot provide a valid reason, the court may:
- Adjourn your case to allow you to explore alternative options
- Make a costs order against you
Taking the time to consider mediation or another NCDR process could help you avoid unnecessary delays and additional expense.
Need Support with Mediation?
Mediation can help separating couples and families reach practical, workable agreements without the stress, time and cost of court proceedings.
Get in touch with our experienced team to discuss your options:
Call: 0300 003 2324
Email: mediation@relationships-service.org.uk
Our Mediation team are here to help you understand the process and find the most appropriate route forward for your family.
