What Is Form FM5? A Complete Guide to the NCDR Court Form

What Is Form FM5?

If you are going through a family court case about children or finances, you will almost certainly need to complete Form FM5. This relatively new court form was introduced in April 2024 and is now a standard part of private family law proceedings in England and Wales. Many people find it confusing, especially if they are representing themselves. In this guide, we explain exactly what the FM5 form is, who needs to fill it in, what questions it asks, and how mediation can help you complete it with confidence.

What Is Form FM5?

Form FM5 is a court document formally called the “Statement of Position on Non-Court Dispute Resolution (NCDR)”. It was introduced on 29 April 2024 as part of significant changes to the Family Procedure Rules 2010 (the April 2024 changes to FPR Part 3 are explained on Family Court Wiki).

The purpose of the form is straightforward. The court wants to know what steps you have taken to resolve your dispute outside of court, and if you haven’t tried, it wants to know why. This applies to both children matters and financial cases.

In practical terms, the FM5 form asks you to set out:

• Whether you have attended NCDR: this means joint sessions of mediation, arbitration, collaborative law, neutral evaluation, or another form of alternative dispute resolution
• If you did attend NCDR: why you still need a court order despite having tried
• If you did not attend NCDR: why it was not suitable for your situation

The form must be completed individually. Both the applicant and the respondent fill in their own version and submit it to the court.

Who Needs to Complete the FM5 Form?

The FM5 form must be completed by both parties in the following types of family proceedings:

• Private law children proceedings: applications for child arrangements orders (who a child lives with and spends time with)
• Contested financial remedy proceedings: applications for financial settlements on divorce, usually initiated by Form A

There is an exception for cases involving domestic abuse. If domestic abuse is in issue, you may not be required to complete the form, though you should check your specific circumstances with a legal adviser.

The requirement applies to all proceedings issued on or after 29 April 2024. If your case was issued before that date, you will not normally need to file it unless the court specifically directs you to do so.

When Do You Need to File Form FM5?

The FM5 form must be filed and served at least seven days before the first hearing in your case. This applies whether it is a First Hearing Dispute Resolution Appointment (FHDRA) in children proceedings, or a First Directions Appointment (FDA) in financial remedy proceedings.

It is important to understand that the court can also direct you to complete or update the form at any later stage in your proceedings. Under the revised Family Procedure Rules, the court must consider whether non-court dispute resolution is appropriate at every stage of the case, and it can require you to fill in a fresh FM5 before any subsequent hearing.

You send the completed form to the court dealing with your case. You can find the court’s postal and email address at www.gov.uk/find-court-tribunal.

What Does the FM5 Form Ask?

The form is six pages long and follows a logical flow depending on your answers. Here is a step-by-step breakdown of the main questions:

Step 1: Your Personal Details

You provide your name, the case number, and confirm whether you are the applicant or respondent.

Step 2: Have You Attended NCDR?

This is the central question. The form asks whether you have attended any form of non-court dispute resolution in relation to the current dispute. This includes:

• Family mediation: joint sessions with a qualified mediator
• Arbitration: a privately appointed arbitrator makes a binding decision
• Collaborative law: round-table meetings with both parties and their solicitors
• Neutral evaluation: an independent expert gives a non-binding assessment
• Other NCDR: any other structured process for resolving the dispute outside court

A very important point: attending a MIAM on its own does not count as attending NCDR for the purposes of this form. A MIAM is an information and assessment meeting, not a dispute resolution session. If you have only attended a MIAM and have not gone on to joint mediation sessions, you will need to answer “no” to this question.

Step 3: If You Have Attended NCDR

If you answered “yes” to the NCDR question, the form asks you to explain which type of NCDR you attended and why it did not resolve all the issues in your case. You need to outline why a court order is still needed despite your efforts.

Step 4: If You Have Not Attended NCDR

If you answered “no”, the form asks you to explain why you are seeking a court order without having tried NCDR first. You need to set out why non-court dispute resolution was not the right way to resolve your dispute. The court expects clear, specific reasons.

There are a range of legitimate reasons why NCDR may not have been appropriate, including:

• Domestic abuse or safety concerns that make joint sessions unsuitable
• The other party refused to engage despite being invited
• Urgency, for example where there is a risk of assets being disposed of or a child being taken abroad
• A mediator assessed the case and determined it was not suitable for mediation
• Previous attempts at NCDR broke down without agreement

Step 5: Declaration

You sign a statement of truth confirming that the information in the form is accurate. If a solicitor is completing the form on your behalf, they sign the declaration instead.

How Form FM5 Relates to MIAMs

There is sometimes confusion about the relationship between a MIAM and the FM5 form. They are connected but serve different purposes.

A Mediation Information and Assessment Meeting (MIAM) is a requirement before you can make most family court applications. It is a one-to-one session with an authorised mediator who explains the mediation process and assesses whether your case is suitable. MIAMs are required under the Children and Families Act 2014 and Practice Direction 3A.

The FM5 form goes further. It asks whether you have actually engaged in NCDR, meaning joint sessions of mediation or another form of dispute resolution. Simply attending a MIAM and then going straight to court is no longer enough. The court now expects you to have seriously considered, and ideally attempted, a full dispute resolution process.

If you are unsure whether you need a MIAM before making your application, you can use our MIAM eligibility calculator to check. There are limited exemptions to attending a MIAM, including domestic abuse, child protection concerns, and urgency.

What Types of NCDR Does the FM5 Cover?

The FM5 form covers all recognised forms of non-court dispute resolution. You can read more about these options in our full guide to alternative dispute resolution in family law. Here is a brief overview of the main types:

• Family mediation: a qualified, impartial mediator helps both parties talk through their issues and reach an agreement. This is the most common form of NCDR and is often the most cost-effective. Learn more in our complete guide to family mediation.
• Arbitration: a privately appointed arbitrator reviews the evidence and makes a binding decision, similar to a judge but outside the court system.
• Collaborative law: both parties and their solicitors commit to resolving the case through structured meetings, without going to court.
• Neutral evaluation: an independent expert, often a barrister or senior solicitor, gives a non-binding assessment of the likely outcome if the case went to court.
• Private financial dispute resolution (private FDR): a private judge conducts a settlement-focused hearing, similar to the court’s own FDR appointment.

For most families, mediation is the most accessible and affordable starting point. It can be used for both children and financial disputes, and many cases are resolved within a few sessions.

What Happens If You Don’t Engage with NCDR?

The changes introduced alongside the FM5 form are not just a paperwork exercise. The courts are now actively using the form to hold parties accountable for their approach to dispute resolution.

If you have not engaged with NCDR and do not have a good reason, the court has several options:

• Adjournment: the court can adjourn your proceedings, even without your consent, to give you time to try NCDR. Under the amended Family Procedure Rule 3.4(1A), the court can pause the case to “encourage” parties to attempt non-court dispute resolution.
• Costs orders: failure to attend a MIAM or NCDR without good reason is now specifically listed as a factor the court must consider when deciding whether to make a costs order. Under Rule 28.3(7) of the FPR, a judge can order you to pay the other side’s legal costs if you unreasonably refused to engage.
• Further directions: the court can direct you to complete a new FM5 at any stage in the proceedings and may require you to explain in more detail why NCDR has not been attempted.

The case of NA v LA [2024] EWFC 113 was one of the first to test these new rules in practice. The judge adjourned the financial remedy proceedings and directed the parties to actively explore NCDR before the case could proceed any further, making it clear that the court expected a genuine effort.

How to Complete Form FM5: A Step-by-Step Guide

Completing the FM5 form is something you can do yourself, though you may also instruct a solicitor to help you or seek support from a free service such as Support Through Court. Here are some practical tips:

1. Download the Form

You can download Form FM5 from the GOV.UK website. It is a PDF form that you can fill in digitally or print and complete by hand.

2. Be Honest and Specific

The court is looking for genuine, considered answers. If you have tried mediation or another form of NCDR, explain what happened and why it didn’t resolve everything. If you haven’t tried it, explain clearly why not. Vague answers are unlikely to satisfy the judge.

3. Don’t Confuse a MIAM with NCDR

As mentioned above, attending a MIAM is not the same as engaging in NCDR. If you only attended a MIAM, you should answer “no” to the question about whether you have attended NCDR. Make sure you then explain why you didn’t go on to joint sessions.

4. Know Your Exemptions

If NCDR was not suitable because of domestic abuse, urgency, or another valid reason, state this clearly and be prepared to provide supporting evidence if the court asks for it.

5. File It on Time

The form must be filed and served at least seven days before the first hearing. Missing this deadline could cause complications at your hearing.

How Mediation Can Strengthen Your FM5 Form

One of the best ways to approach the FM5 form with confidence is to have genuinely engaged with mediation before your first hearing. There are several practical benefits to this:

• You can answer “yes” to the NCDR question, which immediately shows the court that you have made a genuine effort to resolve things outside of court.
• You demonstrate good faith, which can influence the court’s view of you throughout the proceedings and protect you from adverse costs orders.
• You may resolve some or all of the issues, reducing what needs to go before the court and saving time and money. If mediation produces a mediated agreement, this can be turned into a legally binding consent order.
• You avoid the risk of an adjournment, since the court may pause your case if neither party has tried NCDR.

Many families are also eligible for the Family Mediation Voucher Scheme, which provides up to £500 towards the cost of mediation sessions. This means you may be able to attend mediation at little or no cost. You can find more details about how much mediation costs on our costs and payments page.

Form FM5 and Financial Remedy Proceedings

If you are going through a financial remedy case, the FM5 form works alongside your Form A application. The Pre-Action Protocol for financial remedy cases has also been updated to reflect the new emphasis on NCDR.

One point that has been clarified by the courts is that you do not need to wait for full financial disclosure before engaging in NCDR. Many forms of NCDR, including financial mediation, build disclosure into the process itself. This means you can start mediation even at an early stage, before Form E has been completed.

Frequently Asked Questions