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Mehren v. Dargan

California Court of Appeal

118 Cal. App. 4th 1167 (2004)

Relevant factsFree

Christopher Dargan (defendant) and Monica Mehren (plaintiff), a married couple who separated over Dargan's cocaine addiction, signed an agreement under which Mehren agreed to resume the marriage on condition that Dargan forfeit his interest in certain community property if he ever used illegal drugs again. Dargan later violated the agreement, and when Mehren filed for divorce and sought to enforce the forfeiture provision, the trial court found the agreement enforceable because it did not violate public policy, and Dargan appealed.

IssueFree

Whether a post-marital contract is void for violating public policy if it frustrates the purpose of statutes regulating marriage.

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