Holler v. Holler
Court of Appeals of South Carolina
612 S.E.2d 469 (S.C. Ct. App. 2005)
Ukrainian native Nataliya Holler (wife, plaintiff), who spoke limited English, came to the United States on a three-month visa to marry William Holler (husband, defendant) and became pregnant with his child soon after arriving. William told her they had to sign a premarital agreement to marry, but the wife could not effectively translate it herself, had no money of her own to hire a lawyer to review or translate it, and depended entirely on William for financial support; she nonetheless signed it, and the couple married three days before her visa expired. When the marriage later ended and the wife sought custody, support, and alimony, the husband moved to dismiss based on the premarital agreement; the family court found the agreement was signed under duress and denied the motion, and the husband appealed.
Whether a contract is signed under duress when one party is prevented from exercising free will by threats or another party's wrongful conduct.