In my view, Allen v. Allen, Record No. 1702-15-4 (VA Ct. App., August 30, 2016), misses a major public policy issue and then misconstrues the parties’ separation agreement. Husband breaches an agreement to stay married for 20 years. He obtains a much earlier divorce from the trial court. I. The Court of Appeals erroneously fails to declare that the parties’ mutual prohibition against divorcing for two decades violates the public policy of the Commonwealth. The U.S. Supreme Court has recognizes that states’ statutory authority over divorce is a reflection of public policy: “The State, representing the collective expression of moral aspirations, has an undeniable interest in ensuring that its rules of domestic relations reflect the widely held values of its people. “Marriage, as creating the most important relation in life, as having more to do with the morals and civilization of a people than any other institution, has always been subject to the control of the legislature. That body prescribes the age at which parties may contract to marry, the procedure or form essential to constitute marriage, the duties and obligations it creates, its effects upon the property rights of both, present and prospective, and the acts which may constitute […] 5