California adopts the Uniform Premarital Agreement Act (UPAA), and is a Community Property state.
PUBLISHED CASES
- 2018: In re the Marriage of Summer and Robert Turfe [23 Cal.app.5th 1118] No annulment of marriage for misinterpretation of dowry.
- 2014-Moua v. Pittullo et al [228 Cal.App.4th 107] Participation in Hmong’s traditional marriage ceremony, Dowry, living as H&W, and having children insufficient to establish putative spouse.
- 2007: IRMO Sareen [62 Cal. Rptr. 3d 687] Divorce, Dowry, and support action in India did not defeat California jurisdiction under UCCJEA.
- 2001: In re Marriage of Ahmad and Sherifa Shaban [88 Cal.app.4th 398] Dowry arrangement in Egyptian marriage is subject to the statute of frauds in California.
- 1988: In re the Marriage of Awatef and Nabil Dajani [204 Cal.app.3d 1387] Prenuptial agreements which facilitate divorce or separation by providing for a settlement only in the event of such an occurrence are void as against public policy.
- 1985: In re the Marriage of Farima and Kambiz Noghrey [169 Cal.app.3d 326] Agreement to pay $500,000 or 1/2 Assets in Iranian Jewish marriage in California promotes divorce against public policy.
UNPUBLISHED CASES Unpublished Cases are for information only. No precedential value.
- 2024: BAYAT v. ARABIAN, Cal: Court of Appeal, 4th Appellate Dist., 1st Div. 2024 Enforcement of Iranian Dowry resulting in Husband’s travel ban frustrates California’s policy of promoting settlement of litigation and may subject the Wife to attorney-fee sanctions.
- 2023: SALKHI and BEHROYAN, California Court of Appeals, First District, Division One (Marin County A165484) The Court will enforce the Consular Divorce as incorporated into the Marital Settlement Agreement and will award sanctions in favor of the Wife against the Husband.
- 2020: Shirazi v. Haghighi [Court of Appeal, 1st Appellate Dist., 2nd Div.] Payment of Dowry Supports Existence of Undisclosed Property in Iran.
- 2020: Kermanshahi v. Addineh [CV 20-01466 FMO] Despite 700 Gold Coin Dowry/Mahr and Dual Citizenship (Iran-US) Petition for Dissolution is a State Action and not a Federal Question.
- 2018: Jackson v. Jackson. There is a dearth of authority in California as to annulment based on religion. In re Marriage of Turfe [Cal.App.5th 2018, 233 Cal.Rptr.3d 315] the appellate court affirmed the denial of an annulment based on insufficient evidence of misrepresentation.
- 2016: In re the Marriage of Bette W. Stone and Westcot B. Stone, III Agreement with undisclosed intention to divorce is not against policy not promoting divorce.
- 2013: In re the Marriage of Shahin and Mohammad Djawadian Dowry proceeding in Iran was not equivalent to dissolution petition and California court erred by sua sponte staying action pendidng oucome of the proceeding in Iran.
- 2011: In re the Marriage of Eliza Afshari-kashanian and Hormoz Litigation of property issue of Mahr was not properly before the California courts.
RELATED CASES
- 2016: Hussein v. Barrett [820 F. 3d 1083] False representation of Islamic marriage was not material and/or under oath and insufficient to establish moral turpitude.
- 2014: In re Kaur [510 BR 281] Gift of residence by Debtor to Daughter as a Dowry in accordance with Indian religious custom is subject to adversary proceeding in bankruptcy.
- 2014: Hussein v. Barrett [41 F. Supp. 3d 841] False representaion of Islamic marriage without Dowry sufficient to establish polygamous marriage and moral turpitude.
- 2003: In re the Marriage of Donna J. and Albert R. Bellio [105 Cal.app.4th 630] Agree with Noghrey, disagree with Dajani. Economically feasible Agreement valid.
- 2000: People v. Choi [94 Cal. Rptr. 2d 922] As is customary in Korea, wife’s parents provided a dowry of $70,000 when she got married (Unpublished).
- 1976: In re Marriage of Dawley [17 Cal.3d 342] Agreement to hold earning separate does not promotes dissolution or against policy.
- 1973: In re Marriage of Higgason [10 Cal.3d 476] Contracts made in contemplation of divorce is against public policy.
SAMPLE PLEADING
2002: ND045617; Judge Kenneth Black; Stipulation for Judgment
LEGAL ANALYSIS
- 2010: The Intersection of Islamic Family Law and California Family Law Family Law News, Issue 3, 2010, VOL. 32, No.3
- 2002: Islamic Marriage Contracts in American Courts: Interpreting Mahr Agreements as Prenuptials and Their Effect on Muslim Women – Note by Lindsey E. Blenkhorn Southern California Law Review, Vol. 76: 189