H 3668 Session 113 (1999-2000)
H 3668 General Bill, By J. Smith
Similar(S 763, H 3656)
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 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.
03/04/99 House Introduced and read first time HJ-4
03/04/99 House Referred to Committee on Judiciary HJ-4
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 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 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 2. Section 20-1-360 of the 1976 Code is amended to read:
"Section 20-1-360. Nothing contained in this article shall render renders illegal any a 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, and other provisions of law."
SECTION 3. This act takes effect July 1, 1999.
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