Capacity to consent to marriage
Both people marrying must understand the nature of the commitment they are making and must consent freely, without pressure or deception. A registrar who has concerns about either person's capacity to consent, or about whether consent is genuine, must not proceed with the notice or ceremony.
What consent means here
Consenting to marriage means understanding, in broad terms, what marriage is and its legal effect, and choosing to enter it freely. This is a lower bar than being able to manage finances or make complex decisions, but it is still assessed if there is any doubt.
Concerns about capacity
If a registrar has concerns — for example because of a condition affecting understanding — they may ask further questions or, in some cases, involve other professionals before proceeding. This is a safeguard, not a routine step for most couples.
Forced marriage safeguards
Registrars are alert to signs that someone is being pressured into marriage. If either of you has concerns about coercion, register offices and other support services can help separately from the notice process itself.
What this means for you
- For the vast majority of couples this requirement is never actively tested — it exists as a safeguard, not a hurdle.
- If you have concerns about a partner's capacity or about pressure being applied, raise it with the register office rather than proceeding regardless.
Official sources
Last reviewed: 17 August 2026 · Next review due 17 November 2026
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Simply Married is an independent planning service, not a register office or government department. Confirm current requirements and fees with your own register office and on GOV.UK.