Holler v. Holler

612 S.E.2d 469 (S.C. Ct. App. 2005)

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Nature of the Case

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Facts

W is from the Ukraine. She taught college students in that country. English is not W's first language. H and W meet in 'a feminine magazine,' where W wrote a letter to him in English and included her phone number. H and W talked on the phone a year. Their conversations were in English. H visited W in Ukraine. On September 5, 1997, W traveled to the United States to marry H. At the time of her arrival, W's English was 'really poor.' H claimed she spoke, 'very well.' Upon completing an English course, W received a certificate from Central Piedmont College in May of 1998. In October W became pregnant with H's child. W's was to expire on December 4, 1997, and she would have to return to Ukraine unless she married H. W had no money and relied upon H to provide support. H told W about a premarital agreement while she was still in the Ukraine. H faxed here some documents for American Embassy, W was allegedly told she had to sign that agreement before H and W got married because this is under [the] law of South Carolina. H claimed he faxed it to her five or six months before she arrived in the United States and that he handed her a copy to sign within a week after she arrived. W declared Husband gave her a copy of the premarital agreement only two weeks before she signed it. W tried to translate it and never retained counsel because she had no money to pay someone to review the agreement. W signed the agreement on November 25, 1997. The parties were married on December 1, 1997, three days before her visa was set to expire. They separated in 200 and W sought divorce and custody of their child along with an equitable division of marital property and alimony. H counterclaimed with the agreement. The court ruled the agreement invalid because it was signed under duress and was unconscionable. H appealed.