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Hi, thank you for your question. There are no legal implications for her refusing mediation, however it allows you to now proceed to court so long as you have yourself attended a MIAMs. It is compulsory for applicants in non-urgent children and matrimonial applications to attend a MIAMs themselves before pursuing a court application.
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Not to worry, the form that they send you will state that either mediation is unsuitable or that she has not agreed mediation and this will entitle you to pursue the court application. It could be that they treated a telephone call with you discussing mediation as the MIAMs - basically a MIAMs is a meeting with the mediator to inform you of what mediation is and to assess whether it is suitable.
What domestic violence or alleged domestic violence has there been, and what evidence or orders does she have in relation to it?
What is you proposed application to court for?
Thank you - in that case she cannot attempt to exclude or remove you from the property and there is a very high threshold test if she were to take the matter to court.
Thank you. In relation to divorce, financial and private law children cases she will not be entitled to legal aid unless she can evidence domestic violence, for example a police caution, conviction, injunction etc against you.
You do not need to attend mediation or a MIAMs in order to pursue a divorce. If she does not defend the divorce then this would make it easier and quicker to obtain one. If she defends it (ie. she states that the marriage has not ended) then this will be costly and time consuming for both of you and in the majority of matters the matter will end in divorce.
If the police have given you a caution, or if you have received a conviction in relation to domestic violence offences in the past 5 years, or if she has obtained a domestic violence injunction or non-molestation order, then this can be used for her to get legal aid. If she cannot provide any evidence to support allegations of domestic violence she will not be entitled to legal aid.
You will not know unless she issues an application and she will need to disclose that to you. If solicitors write to you, you can request confirmation on how she is being funded.
Unfortunately there is nothing stopping her from calling the police or making allegations, however if she continues to do this without any basis the police will consider taking the matter further and may arrest her for wasting police time.
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