Dajani

Will a California court enforce a foreign dowry agreement which benefits a party who initiates dissolution of the marriage? No.

I

Awatef and Nabil Dajani married by proxy in Jordan in 1982. At that time husband resided in the United States. Wife subsequently joined him in Orange County in 1983, and the couple married in a civil ceremony. Wife petitioned for dissolution of the marriage in 1985. The primary issue at trial was husband’s obligation, per the terms of the foreign proxy marriage contract, 1 to pay wife’s dowry.

Wife testified the contract called for a dowry of 3,000 Jordanian dinars, plus an additional 2,000 dinars in cash or household furniture. 3 As was the custom, she received a token payment on the dowry of one dinar when the marriage by proxy was performed, and the balance was not due until the marriage was dissolved or husband died. Her expert on the subject was an attorney admitted to practice in California and Egypt who testified the dowry provided for a cash payment to the wife in the event of death or *1389 dissolution of the marriage. In the latter case, the sum was due no matter which party initiated the dissolution proceedings.

Husband…