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Is living together (come-we-stay) a legal marriage?

Marriage Act, Protection Against Domestic Violence Act and Children Act · sources read 5 Oct 2026

No. The Marriage Act describes cohabiting as an unmarried couple living together in a long-term relationship that resembles a marriage, so it is not a marriage under the Act. You are still protected from domestic violence, and both parents must provide for your children whether you are married or not.

Where
Magistrate's court (protection orders and child maintenance); Registrar of Marriages or a licensed officiant to marry
Read the law

Steps

  1. If your partner abuses you, you can apply to court for a protection order. Living in the same household, or having a child together, counts as a domestic relationship under the law.
  2. If the other parent does not support your child, go to the Children's Court. Every magistrate's court handles children matters, including maintenance.
  3. If you want the legal status of a marriage, marry and register it in one of the five forms the Marriage Act recognises: Christian, civil, customary, Hindu or Islamic.

Watch out

  • The Matrimonial Property Act's sharing rules cover property acquired during a marriage, so they are written for spouses, not for unmarried partners.
  • Your children still have a right to inherit, and no one may disinherit a child because of their birth.

Who this covers

  • Couples who live together in a long-term relationship but have not married.
  • Children of cohabiting parents: the mother and father have equal responsibility to provide for them, married or not.
Official sources (6)
  1. Marriage Act, No. 4 of 2014 (Cap. 150) new.kenyalaw.org · read 2 Oct 2026
  2. Protection Against Domestic Violence Act (Cap. 151, No. 2 of 2015), version of 31 December 2022 new.kenyalaw.org · read 5 Oct 2026
  3. Children Act, No. 29 of 2022 (as passed) childrenservices.go.ke · read 4 Oct 2026
  4. Constitution of Kenya, 2010 new.kenyalaw.org · read 2 Oct 2026
  5. Magistrates Courts judiciary.go.ke · read 2 Oct 2026
  6. Matrimonial Property Act, No. 49 of 2013 new.kenyalaw.org · read 2 Oct 2026

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