Living together without an agreement? What Kirishani v Major means for cohabiting couples
Many couples assume that living together gives them the same legal protection as marriage.
The phrase “common law spouse” often reinforces that misunderstanding; however, in reality, unmarried couples do not automatically acquire the legal rights of spouses, even if they share a home, finances and day-to-day living expenses.
This was underlined by the High Court in Kirishani v Major [2026] EWHC 835 (Ch), a case which shows how difficult it can be to enforce informal financial arrangements after a relationship ends.
The facts of the case
The parties lived together between 2016 and 2018 in Ms Kirishani’s flat. During the relationship, they shared holidays, living arrangements and significant expenses, but after the relationship ended, they disagreed about what had been spent and what, if anything, was repayable to the other party.
Ms Kirishani said there were agreements for Mr Major to contribute to holiday costs and to pay £1,000 per month for occupying her property. However, those arrangements were never formally recorded.
Although there were spreadsheets and records of expenditure, the key question was whether the parties intended their arrangements to be legally binding. The High Court found that they did not.
Looking at the relationship as a whole, the court decided the arrangements arose from trust, affection and mutual support rather than a commercial bargain. The claims, therefore, failed.
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The significance of the decision
The decision is a reminder that courts do not automatically treat domestic arrangements as enforceable contracts. In many relationships, payments and contributions are made informally, without any shared expectation that either person could later pursue the other for the funds.
That becomes a problem when the relationship breaks down. One person may see a payment as a loan, the other as a gift. One may think expenses were to be shared equally, while the other sees them as part of ordinary life together.
Without clear evidence, those disputes can quickly become stressful, costly and difficult to resolve.
Could the outcome have been different?
As more couples choose to live together without marrying, disputes between cohabitees are becoming more common. Yet many people still do not realise that the law offers far less protection than it does on marriage or civil partnership.
Kirishani v Major highlights the gap between what many couples believe the law will recognise and the reality. For anyone moving in together, buying property or making significant financial contributions, a Living Together Agreement can provide valuable clarity and protection.
In the future
No agreement can prevent every dispute, but a properly prepared Living Together Agreement can reduce uncertainty and set out a clear framework for financial arrangements during a relationship and in the event of separation.
As family lawyers, we often help clients resolve disputes after relationships have broken down, but in many cases, drafting a Living Together Agreement could have helped them avoid specific disputes in the first place.
Contact Head of Family Law Harjit Rait on 01274 386 598 or email at ku.oc.fcl@tiarh to explore how we can help you.
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