The Family Procedure (Amendment No. 2) Rules 2023

14.  In rule 3.10 (MIAM exemption not validly claimed)—

(a) in the heading after “claimed” insert “or no longer applicable”;

(b) for paragraph (1) substitute—

“(1 ) If a MIAM exemption has been claimed, the court will inquire into whether the exemption—

(a) was not validly claimed; or

(b) was validly claimed but is no longer applicable.

(1A) The inquiry referred to in paragraph (1) must be made—

(a) when making the decision on allocation, in private law proceedings to which the MIAM requirement applies; or

(b) when making a decision on allocation (if such a decision is made), and in any event at the first hearing, in proceedings for a financial remedy to which the MIAM requirement applies.”;

(c) in paragraph (2) after “claimed” insert “, or that it was validly claimed but is no longer applicable”; and

(d) in paragraph (3)—

(i) after sub-paragraph (b) insert—

“(ba) the reasons why a MIAM exemption which was validly claimed is no longer applicable;”;

(ii) at the end of sub-paragraph (c) omit “and”; and

(iii) after sub-paragraph (c) insert—

“(ca) the potential benefits of attending a MIAM, including the opportunity to receive information about options for non-court dispute resolution; and”.