What is a MIAM?

A Mediation Information and Assessment Meeting (MIAM) is a meeting with a family mediator accredited by the Family Mediation Council. The mediator explains the ways you could resolve things without going to court, assesses whether they're suitable for you, and can sign the part of the court form confirming that you attended.

For many years the message was simple: before going to court about finances or children, you must attend a MIAM. That's still broadly true for contested applications, but the rules changed significantly in April 2024, and many people haven't caught up.

What changed in April 2024

On 29 April 2024, changes to Part 3 of the Family Procedure Rules came into force. In summary:

• A wider definition of non-court dispute resolution (NCDR). It now means any way of resolving a dispute other than through the court, including but not limited to mediation, arbitration, evaluation by a neutral third party and collaborative law.

• MIAMs now cover all the options, not just mediation. The mediator must explain the other forms of NCDR and which might suit you.

• Fewer exemptions, and the court now checks that any exemption claimed is valid.

• Form FM5. The court can ask each person to set out their views on, and attempts at, resolving matters outside court.

• Courts can pause proceedings to encourage NCDR, and failing to engage without good reason can be taken into account when deciding who pays the costs.

The overall direction is clear: the family court now expects couples to make a genuine attempt to resolve matters outside court first.

When you don't need a MIAM

Applying for a consent order. If you are asking the court to approve an agreement you have both reached, the MIAM requirement does not apply. Form A, the financial application form, says so directly. This is the route for most of the couples we help.

Exemptions for contested applications. Where the court is being asked to decide, there are still exemptions, set out in Rule 3.8 of the Family Procedure Rules and Practice Direction 3A. They include evidence of domestic abuse, genuine urgency, bankruptcy (for financial applications) and having taken part in non-court dispute resolution about the same dispute in the four months before applying. Most exemptions need supporting evidence, and the court will check them.

Non-court dispute resolution counts

Mediation is no longer the only recognised way to resolve a dispute outside court. Structured, impartial negotiation is a form of non-court dispute resolution. If you take part in it and still can't reach an agreement, the exemption for having attended NCDR in the previous four months may apply if either of you then needs to apply to court, as long as there is evidence of your attendance. So the work you've done isn't wasted.

Where we fit in

We're not mediators or solicitors. We work impartially with both of you, from your first Case Review, through financial disclosure and structured negotiation where it's needed, to a court-ready consent order and D81, all at a fixed fee and with one point of contact throughout. If you've already agreed, we can go straight to drafting.

This guide is general information about the court rules in England and Wales, not legal advice for your situation, and the rules can change. Last reviewed October 2026.

Why pensions matter so much

For couples in their forties, fifties and sixties, decades of contributions mean pension savings can be worth more than the house. They're also the asset most often overlooked or undervalued, partly because they feel distant and partly because pension statements don't show the figure the court needs. Getting pensions right is often the difference between a settlement that's fair on paper and one that's fair in retirement.

What is a CETV?

A Cash Equivalent Transfer Value is the provider's valuation of your pension rights: broadly, the amount the scheme would pay to transfer them elsewhere. It's the standard figure used when dividing pensions on divorce.

• It isn't your annual statement. Ask each provider in writing for a CETV, and say it's for divorce purposes.

• It can take time. Providers can take up to three months, so request every CETV as early as possible. Pension delays are one of the most common reasons settlements stall.

• Every pension counts, including old workplace schemes you no longer pay into and pensions already being paid out.

Not all pensions are equal

Defined contribution pensions (personal pensions, SIPPs and most modern workplace schemes) are a pot of money, so the CETV is usually close to what the pension is worth.

Defined benefit pensions (final salary and career average schemes, including the NHS, teachers', police, armed forces, civil service and local government schemes) promise a guaranteed income for life. Their CETV may not reflect the true value of that income: two pensions with the same CETV can provide very different retirements. Where a defined benefit pension is significant, a specialist pension report from an actuary is sometimes worthwhile before deciding how to divide it. We'll flag this at your Case Review if it applies to you.

Three ways to deal with pensions

1. Pension sharing. A percentage of one person's pension is transferred into a pension in the other person's own name. It creates a clean break: each person then owns their pension outright. This is the most common approach.

2. Offsetting. One person keeps their pension, and the other receives more of the other assets instead, such as a larger share of the house. It can work well, but £1 of pension isn't worth the same as £1 of cash available today, so the figures need careful thought.

3. Attachment (earmarking). Part of the pension is paid to the other person when the member starts drawing it. It doesn't give a clean break, and payments can stop on remarriage or death, so it's rarely used now.

How pension sharing works in practice

• The agreed percentage is set out in the consent order, with a pension sharing annex for each pension being shared.

• The order takes effect once the court has approved it and the Final Order (formerly decree absolute) has been made, and not before 28 days after the order.

• The provider then has up to four months to carry out the transfer, once it has the sealed order, the annex and any fees.

• The pension is revalued on the day the share is carried out, which is why sharing is expressed as a percentage rather than a fixed amount.

• Providers often charge to implement a share, and the order says who pays.

Pensions already being paid

A pension already in payment can still be shared. Both people's retirement income then changes, so it's important to look at income as well as capital values.

How we handle pensions

Our financial disclosure asks for a CETV for every pension, with the provider's letter uploaded, and we ask everyone to request their CETVs straight away. During negotiation we show each scheme's value and the effect of any sharing percentage on both of you, side by side, including the trade-off if pensions are offset against other assets. When you've agreed, we draft the consent order and the pension sharing annexes together. David's background as a financial adviser means pensions are an area we're particularly at home in.

This guide is general information about dividing pensions on divorce in England and Wales. It isn't financial or legal advice for your situation. Last reviewed October 2026.

About Our Service

1. About Us & Regulatory Status

These Terms and Conditions apply to all services provided by Simply Resolve Ltd (trading as Consent Orders by Simply Resolve). We provide non-court dispute resolution support, consent order drafting assistance, and administrative guidance to separating couples across England and Wales, as a specialist administrative service rather than a firm of solicitors. We are not regulated by the Solicitors Regulation Authority (SRA) or any other professional legal governing body, and we recommend independent legal advice for anyone wanting a solicitor's assessment of their agreement.

Nature of Guidance & Court Benchmarks: Any explanations provided regarding Family Court principles or benchmarks — such as initial 50/50 asset considerations or the prioritisation of children's welfare under the Matrimonial Causes Act 1973 — are provided strictly as general, factual information for context. We do not evaluate, judge, or advise on the financial fairness or legal wisdom of your agreed split for your specific individual circumstances.

2. Our Services, Scope & Fixed Pricing

We provide services on a fixed-fee basis:

• Case Review Sessions — joint (£225) or individual (£150 per person)
• Essential Package — consent order drafting and court submission guidance (£995)
• Core Package — resolution support and consent order (£1,895)
• Comprehensive Package — full end-to-end support and consent order (£2,995)
• Additional Hour — £400 per 1-hour joint negotiation session, available where a client requires further negotiation time after a package has concluded or partway through an ongoing matter
• Bespoke Package for business owners and complex asset portfolios — from £2,250, with the fixed fee confirmed in writing following a Case Review

All packages include D81 preparation and court submission guidance. Pension sharing order drafting is included where required. All terms regarding disclosure, non-audit of figures, refund policies, and limitation of liability apply equally to standard and Bespoke packages. Once included negotiation hours for a package are exhausted, additional sessions require purchasing an Additional Hour at £400 per hour in advance. Unused negotiation hours are non-refundable and non-transferable. We do not provide corporate valuation, tax structuring, or accountancy advice.

3. Case Review, Suitability & Safeguarding

Every matter begins with a Case Review Session to evaluate your circumstances, conduct suitability checks, and recommend a path forward. We reserve the right to decline or immediately terminate services without a refund if:

• We suspect or identify domestic abuse, coercive control, or harassment between the parties;
• Either party acts aggressively, dishonestly, or abusively towards our staff;
• Either party refuses to engage in full and frank financial disclosure or attempts to mislead the court.

4. Fees, Payment Terms & Delivery Timescale

Payment: All fees are payable in full and in cleared funds in advance of any work, drafting, or sessions commencing. For split payments, both payments must clear before work starts. Case Review fees are non-refundable once completed. Where work on a package has commenced — including access to the client portal — refunds will not be given for work already completed. Custom drafting completed is non-refundable.

Turnaround Times: Quoted delivery windows or turnaround estimates are reasonable estimates only and are not guaranteed. Turnaround times vary based on caseload, complexity, and promptness of client communication. We accept no liability for court deadlines missed or external delays.

5. Financial Disclosure & Disclosure Methods

Client Responsibility for Accuracy: We draft documentation — including the Form D81 (Statement of Information) — based solely and strictly on the financial figures provided directly by you. We do not audit, verify, investigate, or cross-examine any figures, statements, or documentation provided.

Form E, NCDR Statements & Direct Summaries: You acknowledge that financial disclosure may be conducted through various means — including a formal Form E, an NCDR/Mediation Open Statement of Financial Information (OSFI), or summary figures supplied directly by you where an agreement has already been reached.

Waiver of Formal Investigation: Completing a formal Form E or full NCDR disclosure process is not mandatory for an agreed Consent Order unless required by the parties or ordered by the court. If you choose to supply summary figures directly for the D81 without undertaking formal disclosure procedures, you do so voluntarily.

Exclusion of Liability: We accept no liability or responsibility for ensuring that formal financial disclosure was exchanged prior to instruction, nor for any omissions, inaccuracies, or distortions in the financial figures provided to us. Full and frank disclosure to each other and to the Family Court remains your sole legal obligation.

6. UK GDPR, Confidentiality & Data Retention

Data Controller Status: Simply Resolve Ltd processes personal data in accordance with UK GDPR and the Data Protection Act 2018 under ICO Registration Number ZC204078.

Data Retention: We retain client records for up to 6 years from the conclusion of our services, in line with statutory limitation periods for contract-related claims and our obligations to retain financial records for HMRC purposes. Not all records are retained for the full period — some are deleted sooner where there is no ongoing need to keep them. Records are securely deleted or anonymised once the applicable retention period has ended.

Joint Disclosure Consent: By using our services, you explicitly consent to Simply Resolve Ltd sharing all personal, financial, and material information provided by you with the other participating party for the sole purpose of facilitating dispute resolution and preparing court documentation.

Confidentiality: Individual Case Review Sessions remain strictly confidential between the client and Simply Resolve Ltd. Joint session disclosures will be made available to both parties. We will not share your personal information with third parties except as required to provide our services or comply with legal obligations.

Use of technology and AI. We use secure software, including artificial intelligence tools, to help with back-office tasks such as reading financial documents you provide, preparing first drafts of documents and organising your case. AI never makes decisions about your case: David reviews, and is responsible for, every document we produce. Your information is used only to provide our services and is not used to train AI models.

7. Intellectual Property Rights (IPR)

All documentation, guidance notes, software tools, templates, and drafted materials produced by Simply Resolve Ltd remain our exclusive intellectual property. You are granted a personal, non-exclusive, non-transferable licence to use these documents solely for your personal family court proceedings.

8. Statutory Consumer Rights & Cancellation (14-Day Cooling-Off Period)

Under the UK Consumer Contracts Regulations, you have the right to cancel remote service contracts within 14 days. However, because our services involve immediate access to our online forms and session scheduling, by ticking to confirm and proceeding with checkout, you expressly request that we begin providing services immediately. You acknowledge that if services are fully performed within the 14-day statutory cooling-off period, you lose the right to cancel. For services partially performed prior to cancellation, a deduction proportionate to the work undertaken will apply. Custom drafting completed or completed case reviews are non-refundable.

9. Court Approval & HMCTS Responsibilities

A consent order is subject to final review and approval by a judge in the Family Court. We cannot guarantee court approval, specific judicial outcomes, or HMCTS processing speeds. Our obligation is limited to preparing documentation to standard court presentation requirements.

Court queries. If the court raises a point about the drafting of the consent order or D81 we prepared, we will correct it at no additional charge. If the court asks the parties to reconsider or renegotiate the terms of their agreement, any further work will be charged at the Additional Hour rate, or by a quote agreed in advance.

10. Limitation of Liability

To the maximum extent permitted by English law, our total aggregate liability to you in connection with any service shall not exceed the total fees paid by you for that specific service. We accept no liability for judicial decisions, court processing delays, or losses arising from incomplete or inaccurate information provided by you or your failure to seek independent legal advice.

11. Complaints, Governing Law & Severability

Complaints: Please write to support@consentorders.co.uk. We aim to acknowledge and resolve issues promptly.

Governing Law: Governed exclusively by the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.

Severability: If any provision of these terms is deemed invalid or unenforceable by a court, the remaining terms shall continue in full force and effect.

Last updated: 2026. Simply Resolve Ltd. Registered in England and Wales.

1. Introduction

This Privacy Policy explains how Simply Resolve Ltd, trading as Consent Orders by Simply Resolve, collects, uses and protects your personal information when you use our website or services. We are committed to protecting your privacy and handling your data in accordance with UK GDPR.

2. Information We Collect

• Name, email address and telephone number
• Financial information provided as part of our services
• Information provided through enquiries, forms or during the provision of our services
• Website usage data collected through cookies and analytics tools

3. How We Use Your Information

• To respond to your enquiries and provide our services
• To manage appointments and communications
• To process payments
• To comply with legal and regulatory obligations
• To improve our website and services

4. Legal Basis for Processing

We process personal data where necessary to perform a contract with you, comply with legal obligations, pursue legitimate business interests, or where appropriate, with your consent.

5. Sharing Your Information

We do not sell your personal information. Information may be shared with trusted service providers where necessary to deliver our services. Individual Case Review Sessions are strictly confidential. Information within joint sessions may be shared between the parties as part of the process.

Technology and AI. To provide our services, we use trusted providers for website hosting and data storage, email, payments, video meetings and, where used, AI-assisted document processing. Each processes your information only on our instructions and under a data protection agreement. Some are based outside the UK; where your information is transferred abroad, we make sure appropriate safeguards are in place, as UK data protection law requires. You can ask us at any time how your information is used.

6. Data Retention

Client records may be retained for up to six years following the conclusion of a matter, where necessary for legal, regulatory, insurance, tax or business purposes.

7. Data Security

We take reasonable steps to protect personal information from unauthorised access, loss or disclosure. Information is stored using appropriate technical and organisational safeguards including Google Workspace and Kitchin.co.

8. Your Rights

• Access your personal information
• Request correction of inaccurate information
• Request deletion of information where appropriate
• Restrict or object to certain processing activities
• Lodge a complaint with the Information Commissioner's Office (ICO) at ico.org.uk

9. Cookies & Analytics

Our website may use cookies and analytics tools to improve user experience and understand website usage. You can control cookies through your browser settings.

10. Contact

For any privacy-related queries, please contact us at support@consentorders.co.uk.

Last updated: 2026. Simply Resolve Ltd. Registered in England and Wales.