MICHAEL v. THOMPSON

20 VLR 548·MADDEN, C.J., WILLIAMS, and HODGES, JJ.
20 VLR 548
20 VLR 548
MICHAEL v. THOMPSON Supreme Court of Victoria (Full Court) MADDEN, C.J., WILLIAMS, and HODGES, JJ. 29 November 1894 Marriage settlement — Settlor in embarrassed circumstances — Marriage bon fide — Settlor and settlee already living in concubinage — Marriage a mere contrivance to defeat creditors — Knowledge of settlee — Impugning marriage settlement — Burden of proof .

The consideration of marriage is sufficient to support a settlement by a man on a woman, although they have been already living in concubinage, where the marriage is a bon fide one, even though the man be, to the knowledge of the woman, in very straitened circumstances, and his creditors are thereby defeated. But if the marriage is a mere contrivance, by parties already living in concubinage, to defeat the man’s creditors, the settlement will be set aside at the suit of the creditors.

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