South Carolina General Assembly
113th Session, 1999-2000

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Bill 3656


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                      3656
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  19990303
Primary Sponsor:                  Littlejohn
All Sponsors:                     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, 
                                  Young-Brickell
Drafted Document Number:          l:\council\bills\bbm\9016som99.doc
Residing Body:                    House
Date Tabled:                      19990511
Current Committee:                Judiciary Committee 25 HJ
Subject:                          Marriage, common law; abolishment of, 
                                  Domestic Relations


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   19990511  Tabled in Committee                    25 HJ
House   19990309  Co-Sponsor removed (Rule 5.2) by Rep.          Hinson
House   19990303  Introduced, read first time,           25 HJ
                  referred to Committee


                             Versions of This Bill

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

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.

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.

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