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Feb. 26, 2026

Why California should stop invalidating Mahr under 'promotion of divorce' doctrine

California treats divorce neutrally, regulating its consequences rather than judging the decision, so courts should stop invalidating religious or cultural marital agreements like Mahr under the outdated "promotion of divorce" doctrine.

Why California should stop invalidating <i>Mahr</i> under 'promotion of divorce' doctrine
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California does not have a public policy favoring marriage over divorce. Nor does it maintain a public policy that disfavors one type of religious divorce over another. Yet for nearly four decades, courts have invoked a judicially constructed notion that certain agreements "promote divorce" and are therefore void as against public policy. That doctrine--frequently used to invalidate Islami...

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