In Hudson v. Hudson (Appellate Case no. 2012-212690), filed
April 16, 2014, the South Carolina Court of Appeals recently overturned the
decision by the Horry County Family Court holding that a prenuptial agreement
was unenforceable because it was unconscionable. Applying the following
factors: (1) Was the agreement obtained through fraud, duress, or mistake, or
through misrepresentation or nondisclosure of material facts? (2) Is the
agreement unconscionable? (3) Have the facts and circumstances changed since
the agreement was executed, so as to make its enforcement unfair and
unreasonable? The Court of Appeals held that the prenuptial agreement was
not unconscionable and therefore enforceable. The Court of Appeals reversed
the Family Court's award to the wife of equitable distribution in the increase in value in husband’s
non-marital property ($248,070.00) and attorneys’ fees ($52,000.00). See Full Case
It is important to consult with an attorney regarding
prenuptial and postnuptial agreements to insure all of the requirements for
enforceability are met.
