Nothing in the Mental Capacity Act 2005 permits a decision consenting to marriage or a civil partnership to be made on behalf of a person1. However the Court of Protection has the power to make declarations as to whether or not a person has the required capacity2.
The test of capacity to marry is very closely related to the test of capacity to consent to sexual relations and the test for determining whether a person has capacity is whether the person has sufficient rudimentary knowledge of what the act comprises and of its sexual character to enable him to decide
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