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
Steps
- 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.
- If the other parent does not support your child, go to the Children's Court. Every magistrate's court handles children matters, including maintenance.
- 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)
- Marriage Act, No. 4 of 2014 (Cap. 150) new.kenyalaw.org · read 2 Oct 2026
- Protection Against Domestic Violence Act (Cap. 151, No. 2 of 2015), version of 31 December 2022 new.kenyalaw.org · read 5 Oct 2026
- Children Act, No. 29 of 2022 (as passed) childrenservices.go.ke · read 4 Oct 2026
- Constitution of Kenya, 2010 new.kenyalaw.org · read 2 Oct 2026
- Magistrates Courts judiciary.go.ke · read 2 Oct 2026
- Matrimonial Property Act, No. 49 of 2013 new.kenyalaw.org · read 2 Oct 2026