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Bill 3668

                    Current Status

Bill Number:                      3668
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  19990304
Primary Sponsor:                  J. Smith
All Sponsors:                     J. Smith
Drafted Document Number:          l:\council\bills\bbm\9043som99.doc
Residing Body:                    House
Current Committee:                Judiciary Committee 25 HJ
Subject:                          Marriage, common law; abolishment of; 
                                  Domestic Relations


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   19990304  Introduced, read first time,           25 HJ
                  referred to Committee


                             Versions of This 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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