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Children and money

FM5 form: tell the court your views on mediation and other options

Form FM5 is a short statement telling the court whether you have tried non-court dispute resolution, such as mediation, and your views on it. Each party fills in their own FM5 before the first hearing, in financial remedy cases and some children cases.

Fill in the FM5 form with Wren

How Wren helps with the FM5

Official forms are written for lawyers. With Wren you do not have to decode this one on your own, and you still follow the court’s procedure.

  1. Plain questions, one at a timeEach part of the FM5 becomes short questions in everyday words. Answer at your own pace and come back to it.
  2. Help beside each questionWhat the question is asking and what the official guidance says about it, in plain English.
  3. The official form, filled inYour answers go into the official FM5. You check it, sign it and send it yourself. Nothing goes to the court for you.
  4. What comes next, kept with your caseWhat usually happens after you send it, with the dates worked out from the published rules.

Time and money

On your own
An hour or two
With Wren
15 to 30 minutes
Solicitor for this form
£250 to £4901 to 2 hours

A solicitor’s time for the FM5 can run to £490. With Wren it is part of £19.99 a month, and it takes 15 to 30 minutes rather than an hour or two.

Times and hours are Wren’s estimates for a typical case, not quotes. Solicitor costs are those hours at £247 an hour, the courts’ guideline rate for a solicitor with over four years’ experience, outside London (GOV.UK, Solicitors' guideline hourly rates (in effect from 1 January 2026)). The guideline runs from £200 to £295 an hour outside London depending on experience, firms set their own rates, and VAT is added on top.

Key facts

Official title
Statement of position on non-court dispute resolution: Form FM5
Edition
04.24 (printed footer reads 04.24.v2)Source: official page (external source, opens in a new tab)
Time limit
At least 7 days before the first hearing, or another period the court sets. The form itself says 7 working days.Source: para 10B(a), 10C(a) (external source, opens in a new tab); page 1 instructions (external source, opens in a new tab)
Who files it
Each party files their own FM5 and sends a copy to the other partySource: page 1 instructions (external source, opens in a new tab)
Statement of truth
The FM5 must be verified by a statement of truthSource: para 10C (closing words) (external source, opens in a new tab)
Where it goes (money cases)
People without a solicitor post it to HMCTS Financial Remedy, PO Box 12746, Harlow CM20 9QZSource: page 6 Returning your completed form (external source, opens in a new tab)
Where it goes (children cases)
To the court dealing with the case, or uploaded through a citizen accountSource: page 6 Returning your completed form (external source, opens in a new tab)
In the bundle
Each party's FM5 goes in the court bundleSource: paras 6.4 and 6.6(b),(e) (external source, opens in a new tab)

Who uses the FM5

Both the applicant and the respondent complete their own FM5. A copy goes to the court and a copy goes to the other party.

When it is used

It is filed before the first hearing or appointment that both parties are told about. The court can also ask for an updated FM5 before a later hearing.

Before you start

  • Your case number and the date of your next hearing, so you can work out the deadline.
  • Details of any mediation, arbitration, neutral evaluation or collaborative law you have attended, including provider names and dates.
  • Whether you claimed an exemption from attending a MIAM when the case started, and whether it still applies.
  • A short, factual explanation of why the dispute has not been settled out of court.
  • Remember that a MIAM on its own does not count as non-court dispute resolution on this form.

How to fill in the FM5

Open each part for what it asks and how to answer it. In Wren, each part is a few plain questions, and your answers fill in the form.

Question 1: your role

You say whether you are the applicant or the respondent in the case.

Question 2: have you tried non-court dispute resolution

You say whether you have attended non-court dispute resolution about the issues in the application. Attending a MIAM does not count here. Your answer decides whether you go to section 3 or section 4.

Section 3: if you have attended

You tick the type, such as mediation, arbitration, neutral evaluation (for example a private FDR) or collaborative law. You give the provider's name and the dates. You then explain why you still need a court order and why that process did not resolve things. Do not reveal what was said in confidential mediation discussions.

Section 4: if you have not attended

An applicant says whether they were entitled to a MIAM exemption and whether it still applies. If it does, the form is complete. Otherwise you explain why you want a court order. You also explain why non-court dispute resolution was not the right way to resolve things.

Statement of truth

You or your legal representative sign and date the statement of truth and give a full name. Someone signing for a firm also gives the firm name and their position.

Returning the form

The last page explains where to send it. The address is different for children cases and financial cases.

Prepare your FM5 with Wren Family

Wren Family turns official forms into short, plain-English questions you can answer at your own pace. You check everything before you send it: nothing goes to the court for you.

Get started

Free for 14 days, no card. Then £19.99 a month, with your money back within 14 days if it’s not right.

What happens after you send it

The court reads both parties' FM5 forms before the first hearing, and they go into the court bundle. In financial cases the court may take the FM5 into account when it decides about costs. The court may ask for an updated FM5 before a later hearing, usually at least 7 days before it.

Common mistakes

  • Counting attendance at a MIAM as non-court dispute resolution. The form says it does not count.
  • Describing what was said in confidential mediation sessions.
  • Filling in both section 3 and section 4. You complete one, depending on your answer to question 2.
  • Forgetting to send a copy to the other party as well as the court.
  • Leaving the statement of truth unsigned or undated.

Common questions

When do I need to file an FM5?

The practice direction says at least 7 days before the first hearing both parties are told about, unless the court sets another period. The form itself says 7 working days, so many people work to the earlier date.

Do both parties fill in an FM5?

Yes. The applicant and the respondent each complete their own form and send a copy to the other party.

Does a MIAM count as non-court dispute resolution on the FM5?

No. The form says attending a MIAM does not count as non-court dispute resolution for question 2.

Is the FM5 needed in children cases?

The practice direction requires it in private law children cases on the online system where the MIAM rules apply. The court can also direct any party to file one.

Can the FM5 affect costs?

In financial remedy cases the pre-application protocol says the court will take the FM5 into account when deciding costs, along with other matters.

Where these facts come from

These are the official rules and pages this page is based on. They are listed so you can check a detail for yourself; you do not need them to use Wren. They are outside Wren and open in a new tab.

Last checked against its sources on . How we check our pages.

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