Abdallah v. Sarsour, 2006 WL 1134034 (Va. Cir. Ct. Mar 20, 2006) Court: Circuit Court of Virginia, Fairfax County
The Court ruled that a marriage contract with no specific time of payment for the dowery was not void for vagueness or for lack of consideration.
Wife sought enforcement of the marriage contract in a divorce proceeding. Husband argued that the marriage contract was void because: 1. the contract was too vague, and 2. there was lack of consideration. The court disagreed with the Husband on both counts. The court stated that where there is an agreement for the payment of a sum of money and there is no specified time of payment, the payment shall be due upon demand. Therefore, the marriage contract was not vague. Also, the court disagreed that failure to stay married constituted a failure of consideration. The court interpreted the marriage contract as an offer to marry and pay the proposed amount of dowery and an acceptance of the marriage and the dowery amount. Because there were no additional terms in the contract, the marriage contract was not void for lack of consideration.
In the remainder of the decision, the court addresses equitable distribution, dividing the marital estate including the couple’s home, credit card debts, and student loans.