People with learning disabilities have the same rights in law as anyone else to marry, have a civil partnership, or live together. Providing the person is over 16 years and has a general understanding of what it means to get married, he or she has the legal capacity to consent to marriage. No one else's consent is ever required. The District Registrar can refuse to authorise a marriage taking place if he or she believes one of the parties does not have the mental capacity to consent, but the level of learning disability has to be very high before the District Registrar will do so. For more information on Civil Partnerships go to www.civilpartners.org
If people with learning disabilities express a desire to marry, civil partnership, or live together, workers should be willing to discuss this option with them sensitively and seriously. Only if the couple agree, can workers involve parents and carers. However, the benefit of parental/carer support should be emphasised. Workers should be aware of the subtle distinction between offering guidance and influencing people’s decision making. The professional’s responsibility is to clarify the implications of various actions and to assess practical support needed by the couple.
Living together/marriage/civil partnership will mean that the person's financial and legal obligations will change. Workers may need to help the person with learning disabilities to access appropriate information and advice (see Benefits Helpline, Citizens Advice Scotland, Enable legal advice in Appendix 3).
There are many successful marriages and partnerships involving people with varying degrees of learning disability. However, as with other couples, there are some which are unsuccessful, some of which may end in divorce. It is important that workers and/or parents do not demand guarantees that marriage/civil partnership/living together between two people with learning disabilities will work.
The law relating to divorce is the same for a couple with learning disabilities as for others. Workers should be aware of the support services on offer e.g. counselling with Relate Scotland. Again, the professional’s role would be to offer guidance on the implications of any action.
Couples who separate may need additional support including seeking help from other agencies, such as housing and solicitors, as well as emotional support. Couples who live in residential care homes may need practical provision made to allow them to separate.