Marriage Of Noghrey

215 Cal. Rptr. 153 (1985)

Facts

H and W were married for seven and one-half months when W filed for divorce. Her petition alleged the existence of an antenuptial agreement setting forth the property rights of the parties. The issue of the existence and validity of the agreement. H and W entered into an antenuptial agreement on the day of their wedding. W's mother brought the completed document to H for his signature. H indicated he knew what the document was and that he wanted to sign the agreement. The mother testified she cautioned H to be very careful and to read the document because he would be giving W half of everything he had. She inquired whether Kambiz wanted to sign the document. According to the mother, H indicated he would gladly give the property to his bride-to-be and he appeared serious when making the statement. H and W then signed the document. In return for the premarital agreement, W gave H assurances that she was a virgin and was medically examined for that purpose. H testified that he did not wish to sign the agreement but was coerced into doing so by W's mother. She forced him into doing so by stating there would be no wedding if he did not sign. H's brother, Jamshid, also testified that W's mother coerced H. The court upheld the agreement and H appealed.