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At the time of Re Kevin, same-sex marriage was illegal in Australia. This case regards a transgender man, using the alias of Kevin for this trial, who had married his wife under the assumption that the definition of man included transgender men. The Attorney General affirmed that Kevin and his wife (alias Jennifer) were not legally able to get married as they had both been born female. The case went to court in Australian Family Court in 2001,[2] with the parties being the Attorney General, Kevin, and the Human Rights and Equal Opportunity Commission. The Attorney General rested his case on the earlier ruling of Corbett v Corbett (Otherwise Ashley) (1971), which stated that gender was decided by biology at birth. The judge in this trial (Chisholm J) determined that measure to be insufficient, as it ignored the role of social and psychological aspects of gender. Ultimately, Chisholm J ruled that Kevin was, in the modern definition of the word, a man. This ruling was later used to affirm in other cases worldwide the marriage of transsexual people as the gender they identify with.
Oftentimes, one partner handles cash flow/ budgeting (paying the bills), while the other handles the bigger picture investment decisions. In other marriages, the partners choose different financial responsibilities. Perhaps he pays the mortgages while she pays for the utilities and groceries.
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However, an anomaly in the law, which has angered some, has meant that transsexuals who have changed sex while in a marriage must have that marriage annulled before they can have their sex change officially recognised. Some couples have chosen to stay together as same-sex couples in civil partnership ceremonies.
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