In Re Marriage of Noghrey

Kambiz Noghrey appeals from a decision finding valid a premarital agreement. We reverse.

Background

Kambiz and Farima were married for seven and one-half months when Farima 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 was bifurcated from the dissolution proceeding and heard first.

Frances and Charles Kandel had known Farima for several years prior to her marriage. Farima lived with the Kandels for the two years preceding the wedding.

Mrs. Kandel testified that when she and her family arrived for the Noghrey wedding Farima and Kambiz were not yet present, nor were Farima’s parents. As she entered the hotel where the wedding was to take place, Mrs. Kandel was met by Kambiz’ brother, Jamshid, who asked Mrs. Kandel and her husband to step aside. He handed Mrs. Kandel a piece of paper and pen and then began, with Kambiz’ cousin, dictating terms of a premarital agreement.

Mrs. Kandel remembered writing “I, Kambiz Noghrey, agree to settle on Farima Human, the house . . . [i]n Sunnyvale, . . . [a]nd $500,000.00 or one-half of my…