The effect of legalising same-sex marriage on property rights

Carr & Co explore the implications of legalising same-sex marriage, specifically with regard to same-sex and de facto property rights. Article features: The law as it currently is Current rights for same-sex couples What are the rights of de facto couples? The difference in Western Australia The effect of legalising same-sex marriage Overseas same-sex marriages The effect of legalising same-sex marriage on property rights
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De Facto Threshold Test

De facto threshold test – Are you living in a de-facto relationship that is “marriage-like” Truman and Clifton [2010] FCWA 91 The Family Court of Western Australia has jurisdiction to make property orders between parties if they are satisfied that the parties have lived in a de facto relationship that is “marriage-like”. It is a common misconception that living with someone means you are in a de facto relationship. Chief Judge Thackray’s decision in the case of Truman and Clifton [2010]
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