H 3656 General Bill, By Littlejohn, Trotter, Allison, Barrett, Beck, Cato, 
Davenport, Easterday, Emory, Fleming, Hamilton, Haskins, Inabinett, Keegan, 
Kelley, Leach, Loftis, Martin, Rhoad, Riser, Robinson, Rodgers, Sandifer, 
Simrill, J. Smith, R. Smith, Stille, Townsend, Vaughn, Walker, Webb, Whatley, 
Wilder, Woodrum and Young-Brickell

Similar(S 763, H 3668)
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 20-1-110 SO AS TO ABOLISH COMMON LAW MARRIAGE IN SOUTH CAROLINA AFTER JUNE 30,
 1999, AND TO RECOGNIZE THE VALIDITY OF COMMON LAW MARRIAGES IN EXISTENCE ON
 THAT DATE; AND TO AMEND SECTION 20-1-360, RELATING TO THE EFFECT OF THE
 ARTICLE ON MARRIAGE LICENSES ON MARRIAGES CONTRACTED WITHOUT THE ISSUANCE OF A
 LICENSE, SO AS TO CONFORM THIS SECTION TO THE ABOLISHMENT OF COMMON LAW
 MARRIAGE AFTER JUNE 30, 1999.

   03/03/99  House  Introduced and read first time HJ-6
   03/03/99  House  Referred to Committee on Judiciary HJ-7
   03/09/99  House  Member(s) request name removed as sponsor: Hinson HJ-21
   05/11/99  House  Tabled in committee Judiciary

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-1-110 SO AS TO ABOLISH COMMON LAW MARRIAGE IN SOUTH CAROLINA AFTER JUNE 30, 1999, AND TO RECOGNIZE THE VALIDITY OF COMMON LAW MARRIAGES IN EXISTENCE ON THAT DATE; AND TO AMEND SECTION 20-1-360, RELATING TO THE EFFECT OF THE ARTICLE ON MARRIAGE LICENSES ON MARRIAGES CONTRACTED WITHOUT THE ISSUANCE OF A LICENSE, SO AS TO CONFORM THIS SECTION TO THE ABOLISHMENT OF COMMON LAW MARRIAGE AFTER JUNE 30, 1999.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. The General Assembly finds that:

(1) under the common law of South Carolina, marriages have been recognized between a consenting man and woman without benefit of license or ceremony, in situations where both parties are legally free to marry, have the intent to be married to each other, consummate the union by cohabitation, and hold themselves out to the community as husband and wife; and

(2) it is, at times, difficult to prove a common law marriage after the death of one of the parties; and

(3) a marriage license may be easily obtained in society today; and

(4) it is very important that government keep proper public records; and

(5) the concept of common law marriage is no longer necessary in this State.

It is the intent of the General Assembly that common law marriage in South Carolina be abolished.

SECTION 2. The 1976 Code is amended by adding:

"Section 20-1-110. (A) Common law marriage is abolished and may not be recognized in this State after June 30, 1999. However, a common law marriage in effect on June 30, 1999, continues to be valid and not affected by this section.

(B) Proof of a common law marriage referred to in subsection (A) must be clear and convincing to the satisfaction of the court called upon to adjudicate the validity of a common law marriage on or after July 1, 1999."

SECTION 3. Section 20-1-360 of the 1976 Code is amended to read:

"Section 20-1-360. Nothing contained in this article shall render illegal any marriage contracted without the issuance of a license if the marriage was in effect on June 30, 1999. On or after July 1, 1999, in order to be valid, the marriage must:

(1) be between persons legally entitled to marry;

(2) be solemnized as provided in Section 20-1-20; and

(3) follow the issuance of a license as provided in Section 20-1-210, et seq.."

Section 4. This act takes effect July 1, 1999.