Agreement to pay $500,000 or 1/2 Assets in Iranian Jewish marriage in California promotes divorce against public policy.
i. FACTS: Kambiz and Farima, of Iranian origin, were married in San Jose, California. Farima filed for divorce after seven and one-half months. Her petition alleged the existence of an antenuptial agreement setting forth the property rights of the parties. Prior to the marriage ceremony in a hotel, Kambiz’ brother dictated the following to a friend of Farima, was written on back of the Katuba, and signed by Kambiz: “`I, Kambiz Noghrey, agree to settle on Farima Human the house in Sunnyvale and $500,000 or one-half my assets, whichever is greater, in the event of a divorce. The said agreement should be found to be a valid, binding, and enforceable agreement”
ii. HOLD: “The agreement before us, however, is not of the type that seeks to define the character of property acquired after marriage nor does it seek to ensure the separate character of property acquired prior to marriage. This agreement is surely different and speaks to a wholly unrelated subject. It constitutes a promise by the husband to give the wife a very substantial amount of money and property, but only upon the occurrence of a divorce. No one could reasonably contend this agreement encourages the husband to seek a dissolution. Common sense and fiscal prudence dictate the opposite. Such is not the case with the wife. She, for her part, is encouraged by the very terms of the agreement to seek a dissolution, and with all deliberate speed, lest the husband suffer an untimely demise, nullifying the contract, and the wife’s right to the money and property..”At 331.
1. 2020: B. Nouri, v. S. Dadgar; M. Ghazirad, v. F. Mojarrad [Maryland, Nos. 585, 2273, September Term, 2018]
2. 2003: In re the Marriage of Donna J. and Albert R. Bellio [105 Cal.App.4th 630]
3. 2001: In re Marriage of Ahmad and Sherifa Shaban [88 Cal.App.4th 398]
4. 1988: In re the Marriage of Awatef and Nabil Dajani [204 Cal.App.3d 1387]
5. 1987: In re the Marriage of Sheila M. and Mario S. Loya [189 Cal.App.3d 1636]