H 3190 General Bill, By Delleney
 A BILL TO AMEND SECTION 63-3-530, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO JURISDICTION OF FAMILY COURT AND PROBATE COURT, SO AS TO PROVIDE
 FAMILY COURT HAS EXCLUSIVE JURISDICTION TO INTERPRET A PRENUPTIAL AGREEMENT,
 AND MAY APPROVE A PRENUPTIAL AGREEMENT PRIOR TO A MARRIAGE.

   12/16/08  House  Prefiled
   12/16/08  House  Referred to Committee on Judiciary
   01/13/09  House  Introduced and read first time HJ-83
   01/13/09  House  Referred to Committee on Judiciary HJ-84

TO AMEND SECTION 63-3-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURISDICTION OF FAMILY COURT AND PROBATE COURT, SO AS TO PROVIDE FAMILY COURT HAS EXCLUSIVE JURISDICTION TO INTERPRET A PRENUPTIAL AGREEMENT, AND MAY APPROVE A PRENUPTIAL AGREEMENT PRIOR TO A MARRIAGE.

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

SECTION    1.    Section 63-3-530(B) of the 1976 Code, as added by Act 361 of 2008, is amended to read:

"(B)    Notwithstanding another provision of law, the family court and the probate court have concurrent jurisdiction to hear and determine matters relating to paternity, common-law marriage, and interpretation of marital agreements; except that the concurrent jurisdiction of the probate court extends only to matters dealing with the estate, trust, and guardianship and conservatorship actions before the probate court. The family court has exclusive jurisdiction over interpretation of terms in a prenuptial agreement and may approve the validity of a prenuptial agreement before the subject marriage is formed."

SECTION    2.    This act takes effect upon approval by the Governor.