CASES OF INTEREST click here to go back to the Cases of Interest       FAMILY LAW: EQUITABLE DISTRIBUTION ISSUES   Issue: Prenuptial agreement/ equitable distribution         Issue: Prenuptial agreement/ equitable distribution In re Marriage of Altayar, 2007 Wash. App (Wash. Ct. App., July 23, 2007) No. 57475-2-I COURT OF APPEALS OF WASHINGTON, DIVISION ONE 2007 Wash. App Q Is a prenuptial agreement which operates to waive the marital partners' statutory right to an equitable distribution valid? A. No. Unless the court determines the agreement was: (a) substantively fair and reasonable for the party not seeking to enforce it; (2) was entered into voluntarily and with full knowledge by determining whether the parties fully disclosed their respective assets and had an opportunity to obtain independent counsel. Souhail Altayar and Sarab Muhyaddin entered an arranged marriage in Amman, Jordan, in July 2000. At the time of their marriage, Altayar had been living in the United States since at least 1982. Muhyaddin joined her husband in the United States in October 2000. The couple's marriage certificate was issued under Islamic law, specifying the dowry due in the event of divorce or death. The marriage certificate stated that the bride's brother accepted the dowry. Altayar filed for dissolution in August 2005. Both parties maintain that they are divorced according to Islamic law because Altayar told Muhyaddin three times that he was divorcing her. The marriage contract in this case was not a substitute for a prenuptial contract under Washington law. On its face, the exchange of 19 pieces of gold for equitable property rights under Washington law is not fair, and Altayar presented no evidence to prove otherwise. Even if it were a fair agreement, there is no evidence that he disclosed his assets or that Muhyaddin received any independent advice during the three days between their initial meeting and marriage. Muhyaddin had no an opportunity to seek independent advice because she anticipated an arranged marriage her entire life Any advice during the period before the marriage was arranged would be abstract and essentially meaningless.