Mental Capacity Assessment for Marriage

The assessment is the same rigorous process whoever instructs it. What changes is what you need to know first.

I am supporting a family member

You may be unsure how to raise concerns without undermining the person’s independence. Explain what has prompted the question and whether a registrar, solicitor or court has requested evidence. We discuss an assessment that helps the person take part and keeps their own wishes visible.

I am instructing as a professional

Send the exact question, any court directions and the intended use of the report. Please identify any parallel safeguarding, forced-marriage or criminal proceedings. The authority and arrangements for assessment may need legal consideration before an appointment is agreed.

An independent social-work practice with an employed professional team and peer-reviewed reporting. Explore our mental capacity assessment services to find the right starting point.

Read how we evidence our scale on our Permanent Team, National Scale page, and how reports are governed and peer reviewed in our Professional Standards.

What is a mental capacity assessment?

A capacity assessment answers a particular question at the relevant time. We help the person take part and consider the decision they face. Under the Mental Capacity Act, any inability to decide must be caused by an impairment or disturbance of mind or brain.

We identify the proposed legal status and the evidence required. A question about marriage is not automatically a request to assess an LPA, a financial agreement, a will or the conduct of proceedings.

We consider the person’s ability to decide about marriage. Concerns about money, family relationships or the preferred partner are explored without replacing the capacity question.

A registrar or solicitor may have raised a concern, relatives may be worried about pressure, or proceedings may require an independent opinion. A diagnosis and family disagreement can explain why the question arose, but they do not settle the person’s ability to decide.

Your report explains the question, relevant evidence, support provided and conclusion, with clear reasoning and any limitations. Court-specific requirements are agreed before instruction.

Safeguarding concern

There are concerns that the marriage is being arranged for someone else's benefit, or that the person is being pressured into it.

A registrar or solicitor requires evidence

A registrar has raised a concern, or a solicitor wants independent evidence before the marriage proceeds.

Dementia or cognitive impairment

The person has a diagnosis that raises a genuine question about whether they understand what marriage involves.

Family dispute

Relatives disagree about a proposed marriage, often where property or inheritance is involved.

Court proceedings

The Court of Protection, the Family Court or a forced marriage protection application requires evidence on capacity.

Predatory marriage concerns

Concerns about inheritance or exploitation should be explained to the relevant solicitor or safeguarding professional. They must not be used to raise the capacity threshold simply because other people object to the proposed marriage.

A Local Authority v AC (2026) describes a simple understanding of marriage as a formal, recognised commitment between two adults, with a formal process to enter and leave it. The court also treated capacity to engage in sexual relations as necessary. Detailed financial knowledge and the wisdom of the marriage are not the test.

The fact of a formal agreement between two adults

A commitment for their lives to be joined together

A change of status recognised by other people

A formal process to enter marriage and to leave it

Understanding the nature and mutuality of sexual relations and consent

The person’s ability to decide, with practicable support

The capacity question concerns marriage, rather than whether this partner is a good choice. Concerns about coercion still require attention. An assessment must not turn the decision into a judgement about whose wishes the person ought to follow.

The courts have been clear that the wisdom of a particular marriage is not the question, and that the threshold for capacity to marry is not a demanding one. The issue is whether the person can make the relevant decision, not whether others approve of it.

A Marriage 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:

A person may have capacity for some decisions but not others. Marriage capacity must therefore be assessed as its own decision. Under the Mental Capacity Act, an inability to make this decision must result from an impairment of, or disturbance in, the functioning of the mind or brain. We explain that causal link using the evidence at the relevant time, after taking all practicable steps to support the person. A diagnosis or an unwise decision alone does not establish a lack of capacity.

Framework: Mental Capacity Act 2005 sections 1–3 and 27; A Local Authority v AC [2026] EWCOP 31 (T3), particularly paragraphs 38–45; relevant court directions for the instruction.

Read the supporting guidance

Understand the information relevant to the decision about Marriage

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

Initial enquiry and triage

Tell us the decision, who needs the report and any deadline. We discuss the person’s needs and confirm the right service before booking.

Quotation and booking

Receive a written scope, fee including applicable VAT and agreed timetable. Travel and any additional work are explained before you proceed.

Assessment appointment

The assessor meets the person in an appropriate setting, explains the relevant information clearly and provides the support they need to take part.

Report preparation and peer review

The report explains the evidence, reasoning and conclusion. A second professional reviews it before delivery. Any court-specific requirements are agreed at instruction.

Secure delivery

Receive the report securely, with its findings and any limitations clearly explained. We respond to clarification requests within the agreed scope.

We review the documents relevant to the question and explain how to share them securely. The report distinguishes records, the person’s own responses and information supplied by others.

Medical records

GP summaries, hospital letters and any information about diagnosis or treatment that bears on decision-making.

Information about the proposed marriage

The circumstances in which it has come about, the timescale, and who has been involved in arranging it.

Legal and financial documents

Any existing will, Lasting Power of Attorney, property interest or trust that the marriage would affect.

Previous assessments

Earlier capacity assessments, cognitive testing or social care assessments, where these exist.

Care and safeguarding records

Care plans, daily notes and any safeguarding enquiry relevant to the person's relationships.

Accounts from people who know the person

Observations from family, friends and professionals about the relationship and the person's stated wishes.

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

The assessment and fee on this page cover our standard service, which is suitable for most instructions. If your case is more complex, high-risk or potentially contested, additional evidence may help. We can advise on the appropriate scope before booking.

Explore Advanced and Enhanced assessments

£720 including VAT

Standard fee. Displayed service fees include VAT. Travel costs are confirmed separately. If your case needs additional evidence, follow the Advanced and Enhanced assessments link below to explore the scope and fees. Travel time is charged at £48 per hour including VAT (£40 excluding VAT) where applicable and is confirmed before booking.

Assessment appointment options

We arrange a face-to-face or remote assessment where suitable for the person and the decision being considered. For marriage decisions, the format must allow the assessor to explore the person's understanding clearly and respectfully. The appointment can usually take place at home, in a care home, in supported living, in hospital where appropriate, at a professional location or by video where this is clinically and legally suitable.

Gentle, professional assessment

The assessment is carried out calmly, with attention to communication, anxiety, fatigue and the person's preferred way of engaging. The person is not treated as a problem to be tested, but as the central decision-maker wherever possible. For marriage decisions, the assessor may need to explore sensitive personal information without turning the appointment into an interrogation or imposing personal values.

Decision-specific approach

The assessment focuses on whether a person has capacity to understand the nature of marriage and the broad legal and personal commitment involved in entering into marriage. It is not a general opinion about whether the person has capacity overall. The relevant information is tailored to the actual decision, including proposed marriage, urgent marriage plans, predatory marriage concerns, dementia, cognitive impairment, family objection, solicitor concern and safeguarding referrals. This reduces the risk of a vague report that cannot properly assist professionals or the court.

Mental Capacity Act compliant

The assessment applies the Mental Capacity Act 2005 framework, including the presumption of capacity, practicable steps, the functional test and the need to avoid treating an unwise decision as incapacity. For this decision, the assessor considers whether any impairment or disturbance in the functioning of the mind or brain causes the person to be unable to understand, retain, use or weigh relevant information, or communicate their decision.

Relevant information for marriage

The assessment explores whether the person can understand the information that matters to this specific decision. For this page, that includes the nature of marriage, the broad duties and responsibilities normally attached to marriage, the fact that marriage changes legal status, and the person's ability to make a voluntary decision free from incapacitous confusion or coercive pressure. Relevant information must be explained in a way the person can access, and it must be specific to the real situation rather than a purely abstract question.

Written capacity report

Following the assessment, we prepare a written mental capacity report setting out the evidence, the MCA test, the decision assessed and the reasons for the opinion. The report can be prepared for families, solicitors, deputies, local authorities, safeguarding professionals or Court of Protection use depending on the instruction and the purpose of the assessment.

Proposed marriage where capacity is questioned

An assessment may be needed where a person wishes to marry but there are concerns about dementia, acquired brain injury, learning disability, mental disorder or fluctuating presentation.

Predatory marriage or undue influence concerns

Where professionals or relatives are worried that another person may be applying pressure, the report can consider the person's decision-making ability while also recording safeguarding context and the limits of the capacity opinion.

Solicitor, registrar or family concern before marriage

A clear report may assist where a professional needs evidence that the person understands the nature of marriage and can make the decision at the relevant time.

This is an illustrative example. It does not describe any individual client.

The value of the service lies in the assessment and the explanation behind it: the relevant expertise, a supported process, careful use of records and a written opinion that others can examine. Our role is to provide independent evidence within the agreed instruction.

For families

Know the work, cost and timetable before booking. We agree the appointment arrangements around the person’s needs and explain what the completed report will include.

For professionals

An employed professional team, with relevant expertise and a second professional reviewing the report. We agree the appropriate assessor and written output for your instruction.

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.

How quickly can a marriage capacity assessment be arranged?

Appointment availability depends on the location, the person’s needs and the work required. The published standard for routine reports is usually five working days from the assessment visit. We confirm the timetable for your instruction before booking; enhanced work, additional evidence and court requirements may need a different timetable.

How much does a marriage capacity assessment cost?

Most single-decision assessments are completed at our standard fee of £720 including VAT, with travel costs confirmed separately in writing. Fees can vary with the number of decisions, complexity and reporting requirements. If the case is complex or high-risk, we can advise whether additional evidence would help; see the Advanced and Enhanced assessments link below. Please see https://www.nelliesupports.com/prices or contact us for a written quotation for 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 and fairly that way. For sensitive or complex marriage matters, face-to-face assessment is often more appropriate, and we advise on the right format at the enquiry stage. Whichever format is used, the report applies the same decision-specific standard and is peer reviewed.

What happens if the person refuses to take part?

Please tell us if the person is reluctant or does not wish to take part. We consider whether better explanation, a different setting or other support could help. Refusal alone is not evidence of incapacity, and an assessment must not be presented as complete when the necessary evidence could not be obtained. Any authority to proceed requires separate consideration.

Can the assessment consider pressure or coercion?

We can record relevant concerns and consider the evidence within the agreed capacity question. Having capacity does not establish freedom from coercion. Forced-marriage concerns, protective action and any question about the validity of an existing ceremony require the appropriate safeguarding or legal response alongside the assessment.

What if the assessment does not reach the conclusion we hoped for?

Our opinion follows the evidence. We explain the findings and any uncertainty, whether or not the conclusion matches the initial concern. Paying for an assessment does not buy a preferred outcome.

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.

If a different decision needs to be assessed, our team can help across the full range of mental capacity assessments.

We provide independent assessment and professional evidence. Legal advice and court applications remain with the relevant legal adviser.

Contact Nellie Supports to discuss a marriage capacity assessment. We will confirm the decision, the evidence needed, the likely timescale and whether a face-to-face or remote assessment is suitable.

Reports are typically delivered within 5 working days of the assessment visit.