Jurisdiction(s):
United Kingdom

Capacity to Marry: Act/Status-Specific Test Affirmed; Foreseeable Consequences and Contact Tensions Considered in Stockport MBC v EKK (England and Wales)

Published on: 23 February 2026

Published by a LexisNexis Private Client expert

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Article summary

Stockport Metropolitan Borough Council v EKK (by her litigation friend, the Official Solicitor) [2025] EWCOP 42

What are the practical implications of this case?

The ruling reaffirms that the capacity to marry is tied to the ‘act’ or ‘status’ itself, not to a particular ‘person’ or prospective ‘spouse’. Accordingly, when assessing P, the enquiry is whether P can decide to marry at all, rather than whether they can decide to marry a specific individual.

Nonetheless, stepping back, the decision may muddy the waters more than it clarifies. Practically, a person might be judged to have capacity to marry on an ‘act’/‘status’ basis, yet lack capacity to have contact with the person they wish to marry, which is a ‘person’ specific assessment. The court was not called upon to resolve how these positions interact, though the judge did note the peculiarity of P having capacity to marry but not to have contact with the very person they intend to marry.

From a legal standpoint, the judgment sits uneasily alongside existing authorities dealing with issues that are ‘act’ specific...

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