23/04/2026

The recent decision in Kirishani v Major underlines the importance of living together agreements (also known as cohabitation agreements).

The case is a stark reminder that cohabiting couples cannot assume the courts will treat their financial arrangements as legally binding, even where there is detailed paperwork and apparent agreement.

Cohabiting Couples, Shared Expenses and the ‘No Contract’ Trap

In the case of Kirishani v Major, the parties were in a long‑term relationship, living together in the claimant’s flat. Over time, the claimant paid the lion’s share of joint expenses, particularly holidays and rent. She kept meticulous spreadsheets recording who had paid what.

The defendant meanwhile:

• Accepted that he ‘owed’ her money for his share of holidays and rent;
• Amended the spreadsheets himself to correct the balance; and
• Even volunteered a date by which he would repay.

Despite this, both at first instance and on appeal, the court held that there was no intention to create legal relations in respect of these domestic arrangements. The judge described it as a ‘common or garden case’ of a couple going on holiday together, with an expectation that each would pay their way, but without any shared understanding that either could sue the other if they did not.

The spreadsheets, and the defendant’s acknowledgements, were treated as part of an informal, honour‑based arrangement, not a contract.

Crucially, the court applied the familiar contrast between commercial and domestic contexts:

• In commercial dealings, the starting point is that parties do intend to create legal relations.
• In domestic or cohabitation settings, the starting point is often the opposite. The court may presume that arrangements about day‑to‑day living expenses, holidays and contributions are not meant to be legally enforceable, unless there is clear evidence to the contrary.

For many cohabiting couples, this will come as an unpleasant surprise. One partner may assume that careful records, emails and acknowledgements of ‘debt’ will protect them, but Kirishani v Major shows that, without a properly drafted living together agreement, they may not.

What is a Living Together Agreement and How Does it Change Things

Professionally drafted living together agreements (or cohabitation agreement) can:

• Expressly record how rent, mortgage payments, bills, holidays and other expenses are to be shared.
• Make it clear that the parties do intend those arrangements to be legally binding.
• Provide a mechanism for reimbursement if one party pays more than their agreed share.
• Address what happens on separation – for example, how any outstanding balances are to be calculated and repaid, and how occupation of the property is to be dealt with.

The outcome could have been very different had the parties in Kirishani v Major signed a clear written living together agreement stating that:

• Each would pay an equal share of specified expenses; and
• Any imbalance would be treated as a recoverable debt, enforceable in the civil courts,

Instead, the claimant was left with substantial unrecovered contributions and legal costs that far exceeded the sums in dispute.

Top Tips For Cohabiting Couples

1. Do not rely on assumptions. The fact that you live together, share a home and keep spreadsheets does not, by itself, create a contract.
2. Record your intentions clearly. If you expect to be repaid, say so in a formal document that both parties sign.
3. Use a living together agreement as standard. This is particularly important where there is a clear imbalance of contributions – for example, one partner pays the deposit and mortgage, or consistently funds holidays and major outgoings.
4. Review the agreement as circumstances change. New property, children, or significant changes in income should trigger a review.

Kirishani v Major underlines that cohabitation law in England and Wales offers limited protection to unmarried partners. A living together agreement is often the only realistic way to ensure that financial arrangements between cohabitants are treated as more than ‘binding in honour only’.

Need Advice About How a Living Together Agreement Can Help You?

For expert advice about living together agreements, speak to our family law team. Our family solicitors will look at your unique circumstances and draft a clear, robust agreement to protect your interests. For more information or to book an appointment, email enquiry@beswicks.com or phone 01782 205000 or 0161 929 8494.