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Family

Aug. 21, 2023

Cultural Divorce: Time to retool your dowry ware

California has poor laws addressing cultural/religious marriage gifts. IRMO Noghrey (1985) correctly found that exorbitant gifts in a short-term marriage may be promotive of divorce, however Noghrey is a California case that does not represent a cultural marriage based on foreign jurisprudence.

California family law practitioners are behind the rest of the country in dealing with cultural marital agreements. In the Marriage of Alulddin and Alfartous (Filed June 27, 2023), the Arizona court ruled that religious premarital agreements, such as dowry, are enforceable as a contract between people in confidential relationships. The case is the first in many angles, including in the Arizona decisional law and among the community propert...

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