Mental Capacity Assessment
Mental Capacity Assessment for Divorce
Specialist capacity to divorce assessments across England and Wales
A divorce capacity assessment considers whether a person can decide to end their marriage or civil partnership and understand the broad nature and consequences of that decision.
£600 + VAT
Standard fee, stated before instruction
5 working days
Typical turnaround
England and Wales
Nationwide coverage
Decision-specific
Assessed to the right standard
Nellie Supports is England and Wales' largest identified specialist private social work and mental capacity assessment practice, delivered by a permanent full-time team. Services are provided by employed, multidisciplinary professionals, not an ad hoc associate, contractor or referral-panel model. We have completed over 11,000 formal assessments and reports. This service sits alongside our full range of mental capacity assessment services.
When you may need this assessment
The assessor considers the person's ability to understand, retain, use or weigh information about divorce instructions, family proceedings, financial remedy context, coercion concerns, dementia, mental illness, acquired brain injury, fluctuating capacity and disputes about whether the person can give valid instructions, and to communicate their decision.
The report explains the instruction, evidence reviewed, relevant information, practicable steps, assessment findings and MCA reasoning.
The legal test for Divorce capacity
A Divorce capacity assessment applies the Mental Capacity Act 2005 to the specific decision. The question is whether, at the time the decision needs to be made, the person can:
Understand the information relevant to the decision about Divorce
Retain that information long enough to make the decision
Use or weigh that information as part of making the decision
Communicate their decision by any means
A person may have capacity for some decisions but not others. Divorce capacity must therefore be assessed as its own decision.
Framework: Mental Capacity Act 2005 ss 1 to 3 and the Code of Practice; capacity to conduct proceedings under the Civil Procedure Rules and the Family Procedure Rules.
For more, read our guide: Mental Capacity Act 2005 explained.
Our assessment process
Initial enquiry and triage
Contact us by phone, email or website form. We gather the key details, explain how the assessment works, and confirm the specific decision to be assessed.
Quotation and booking
Once we understand the scope, we provide a clear quotation including VAT and any applicable travel costs, and arrange an appointment as quickly as possible.
Assessment appointment
A qualified assessor meets the person face to face, or remotely where appropriate, and carries out a decision-specific capacity assessment.
Report preparation and peer review
The findings are written up in a clear, structured report and reviewed by a second qualified professional for quality, consistency and legal robustness.
Secure delivery
Your completed report is delivered securely, usually within your stated turnaround period, with reasonable minor amendments or clarification available after delivery.
What the assessor evaluates
A well-reasoned assessment explains how the conclusion has been reached, rather than simply stating an outcome, tied to the actual decision in issue.
The specific decision being assessed
Whether the person was given the relevant information in a way they can understand
Whether they understand the information relevant to the decision
Whether they can retain that information long enough to decide
Whether they can use or weigh the relevant information
Whether they can communicate their decision by any means
Whether any inability is because of an impairment or disturbance of the mind or brain
The support provided, the person's views, and the reasoning behind the conclusion
Fees and timescales
£600 + VAT
Standard fee. VAT at 20% and travel costs are not included. Enhanced assessment from £3,500 + VAT.
Assessment appointment options
Gentle, professional assessment
Decision-specific approach
Mental Capacity Act compliant
Relevant information for divorce
Written capacity report
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Standard or Enhanced, which does your case need?
A standard assessment is right for most cases where the decision is clear and undisputed. Where the case is complex or contested, an enhanced assessment provides a deeper, more defensible evidential foundation.
Standard Assessment
£600 + VAT
- Decision-specific assessment of the exact decision
- Completed in line with the Mental Capacity Act 2005
- MoCA where appropriate
- Court-ready report
For most cases where the decision is clear and undisputed.
Enhanced Assessment
£3,500 + VAT
- Extended, multi-layered assessment
- Structured analysis of vulnerability and undue influence
- Broader evidential framework for likely challenge
- Robust reporting where the decision may be disputed
For complex or contested cases.
A full-time, multidisciplinary team
Nellie Supports is built on an employed, permanent team: registered social workers, a Chartered Psychologist and specialist assessors working together to one standard, with every report peer reviewed by a second qualified professional. Your assessment is never passed to an associate bank or referral panel.
The right professional for the decision
Capacity questions range from care and residence to complex cognition and prognosis. A multidisciplinary team means the discipline is matched to the decision, not to whoever is available.
One consistent standard
The team works together full time, so every assessment follows the same methodology and peer review is built into every report rather than bolted on.
Accountability you can name
Your report is signed by an employed professional who answers for their work, and the practice stands behind it.
Continuity, not hand-offs
The people who take your enquiry, carry out the assessment and review the report all work in one practice, so nothing is lost between stages.
How this works in practice
A solicitor has concerns about divorce instructions
A report may be needed where a solicitor has reasonable doubt about whether a client can understand and weigh the decision to divorce at the time instructions are being given.
Divorce and litigation capacity overlap
A person may need separate consideration of capacity to divorce and capacity to conduct proceedings. The divorce decision and the ability to manage litigation are not automatically the same question.
Coercion, financial abuse or family pressure
Capacity concerns may arise where there is evidence of pressure, vulnerability, financial motivation or inconsistent instructions that need careful and neutral assessment.
This is an illustrative example. It does not describe any individual client.
Why families, solicitors and professionals choose Nellie Supports
Decision-specific, not generic
Focused on the exact decision in issue and the information relevant to it, not a broad opinion about capacity overall.
Court-ready reporting
Reports structured for solicitors, the Court of Protection and other professionals who need to rely on them.
Therapeutic assessment interviews
A calm, supportive conversation that helps the person engage as fully as possible.
Nationwide coverage
A permanent team covering England and Wales, in person or by video where appropriate.
Peer reviewed as standard
Every report is reviewed by a second qualified professional before it is issued.
Employed, not outsourced
A permanent full-time team, not an ad hoc panel of associates.
Frequently Asked Questions About Divorce Capacity Assessments
How quickly can a divorce capacity assessment be arranged?
Timeframes depend on location, urgency, assessor availability and the complexity of the instruction. Once we understand the decision, evidence and setting, we can provide a clear quotation and proposed appointment options.
How much does a divorce capacity assessment cost?
Fees depend on the number of decisions, complexity, travel and reporting requirements. Please see https://www.nelliesupports.com/prices or contact us for a quotation based on the specific instruction.
Can the assessment be completed remotely?
Sometimes. Remote assessment may be suitable where the person can engage effectively by video and the decision can be assessed safely that way. For sensitive or complex divorce matters, face-to-face assessment may be more appropriate.
What happens if the person refuses to take part?
If the person refuses, the assessor will consider whether the assessment can proceed, whether further practicable steps are needed, and whether the refusal itself provides relevant evidence. A report should not pretend that a full assessment has taken place if it has not.
Is capacity to divorce the same as litigation capacity?
No. Capacity to divorce concerns the decision to end the marriage. Litigation capacity concerns the ability to conduct proceedings, including receiving advice, giving instructions and making decisions as the case develops. In some matters both questions may need assessment.
What if the assessment does not reach the conclusion we hoped for?
Our assessments are independent, and that independence is what gives the report its value. We do not begin from a preferred answer. We assess the specific decision on its merits and record the reasoning, whatever the conclusion. A report that only ever confirmed what was hoped for would carry no weight with a solicitor, the Court of Protection or anyone else relying on it.
Related mental capacity guides
Mental Capacity Act 2005 explained
A plain English guide to the key MCA principles and the two-stage capacity test.
What is relevant information in a capacity assessment?
Explains why each capacity decision must be assessed using information specific to that decision.
How to prepare for a mental capacity assessment
Practical guidance on documents, context and support before an assessment appointment.
Remote versus face-to-face capacity assessments
Explains when remote assessment may be suitable and when face-to-face assessment may be preferable.
What makes a capacity report court-ready?
Explains the features of a clear, reasoned and decision-specific report.
COP3 mental capacity assessment
For Court of Protection deputyship applications.
Capacity to Manage Finances
Independent, decision-specific assessment of capacity to manage money, property and financial affairs.
Enhanced mental capacity assessment
A deeper, multi-layered assessment for complex, high-value or contested cases.
Nellie Supports provides independent social work assessment, evidence and advocacy support. We do not provide regulated legal advice, and where a legal remedy is needed we will say so and support your solicitor's work.
Need a divorce capacity assessment?
Contact Nellie Supports to discuss a divorce capacity assessment. We will confirm the decision, the evidence needed, the likely timescale and whether a face-to-face or remote assessment is suitable.
Written by Ben Slater, Founder and Managing Director, Nellie Supports. Read our editorial policy.