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Ex Parte Petition of Messer12/14/1998
ders.
While Husband's argument is not without logical appeal, we believe that section 15-48-10(a) applies to paragraph seventeen of the separation agreement. Section 15-48-10(a) applies to "a provision in a written contract to submit to arbitration." Although subsection (b) of the statute specifically excludes certain claims from the scope of the Uniform Arbitration Act, claims arising under family court agreements are not excluded.
We recognize the separation agreement ceased to be a contract for jurisdictional purposes when it was approved by the family court; nevertheless, paragraph seventeen originated as "a provision in a written contract to submit to arbitration" within the meaning of the statute. The family court's approval and merger of the agreement into an order does not insulate the arbitration provision from compliance with section 15-48-10(a). Given the strict construction of section 15-48-10 mandated by the supreme court, we conclude the arbitration clause contained in paragraph seventeen of the agreement had to comply with section 15- 48-10(a) to be enforceable. See Ebert v. Ebert, 320 S.C. 331, 338, 465 S.E.2d 121, 125 (Ct. App. 1995) (contract principles should be applied to a separation agreement approved by the family court); Bogan v. Bogan, 298 S.C. 139, 142, 378 S.E.2d 606, 608 (Ct. App. 1989) (holding that even though an agreement was approved by the family court it retained its character as an agreement for purposes of legal analysis).
Accordingly, it was error for the family court Judge to enforce the arbitration provision and to dismiss the action for contempt.
REVERSED.
CONNOR and HUFF, JJ., concur.
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