Dowry Enforceable as Premarital Agreement

In Afghahi v. Ghafoorian (2010), Trial Court ruled that husband pay 514 gold coins to wife pursuant to a premarital contract between the parties. Court allowed the marriage contract into evidence, wife to testify as to Iranian and Islamic law, and without expert testimony awarded wife 514 gold coins when the parties had no assets and never owned 514 gold coins. Trial Court also found the marriage contract not unconscionable. Husband appealed. Appellate Court affirmed.

“In Virginia, parties are permitted to enter into premarital agreements, which are akin to contracts, in which they can “contract with respect to . . . [a]ny other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty.” Code § 20-150. Because the circuit court found the coins due under a premarital agreement, … we hold that the circuit court did not err in ordering the 514 gold coins due and payable.”

2010-Afghahi v. Ghafoorian, Record No. 1481-09-4 (Va. App. 3302010), Record No. 1481-09-4. (Va. App. Mar 30, 2010)