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S. 680
STATUS INFORMATION
General Bill
Sponsors: Senator Fair
Document Path: l:\s-jud\bills\fair\jud0098.mlf.doc
Introduced in the Senate on May 6, 2003
Currently residing in the Senate Committee on Judiciary
Summary: Supportive Marriage Contract Act
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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5/6/2003 Senate Introduced and read first time SJ-5
5/6/2003 Senate Referred to Committee on Judiciary SJ-5
5/7/2003 Scrivener's error corrected
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND CHAPTER 1, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4, SO AS TO ENACT THE SOUTH CAROLINA SUPPORTIVE MARRIAGE CONTRACT ACT.
Whereas, a South Carolina Covenant Marriage Study Committee determined that a statutory option for covenant marriage is not feasible in South Carolina at this time due to fiscal, governmental management, and ideological concerns; and
Whereas, the study committee recognized that encouraging couples to seek counseling or advice prior to a divorce could benefit a marriage and perhaps prevent divorce; and
Whereas, this legislation would provide a voluntary agreement form that parties could adapt to ensure safeguards to protect and enhance their marital status; and
Whereas, this agreement form could be used by individuals or groups to offer assistance to parties seeking to understand and utilize marriage counseling and to benefit from other ideas to strengthen a marriage without incurring extra governmental expense. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act may be cited as the 'South Carolina Supportive Marriage Contract Act'.
SECTION 2. Title 20, Chapter 1 of the 1976 Code is amended by adding:
Section 20-1-410. This article may be cited as the 'South Carolina Supportive Marriage Contract Act'.
Section 20-1-420. A Supportive Marriage Contract must be substantially in the following form:
THIS IS AN IMPORTANT LEGAL DOCUMENT. BEFORE SIGNING THIS DOCUMENT, YOU SHOULD KNOW THESE IMPORTANT FACTS:
1. THIS CONTRACT IS AN AGREEMENT BETWEEN PERSONS WHO INTEND TO BE MARRIED OR WHO ARE MARRIED.
2. THIS CONTRACT IS SUBJECT TO ANY LIMITATIONS OR STATEMENTS INCLUDED IN THIS CONTRACT. ADDITIONAL PAGES MAY BE ATTACHED IF MORE SPACE IS NEEDED TO COMPLETE THE STATEMENT.
3. BY SIGNING THIS CONTRACT, YOU ARE AGREEING TO UNDERTAKE CERTAIN OBLIGATIONS THAT ARE NOT CURRENTLY REQUIRED FOR MARRIAGE IN SOUTH CAROLINA.
4. IF THERE IS ANYTHING IN THIS CONTRACT THAT YOU DO NOT UNDERSTAND, YOU SHOULD ASK A COUNSELOR, LAWYER, OR OTHER PERSON TO EXPLAIN IT TO YOU.
5. THIS CONTRACT IS NOT VALID UNLESS TWO PERSONS SIGN AS WITNESSES. EACH OF THESE PERSONS MUST EITHER WITNESS YOUR SIGNING OF THE CONTRACT OR WITNESS YOUR ACKNOWLEDGMENT THAT THE SIGNATURE ON THE CONTRACT IS YOURS.
6. THIS CONTRACT IS NOT A PRENUPTIAL CONTRACT. BY SIGNING THIS CONTRACT, YOU ARE NOT PRECLUDED FROM HAVING A SEPARATE PRENUPTIAL CONTRACT.
A. PURPOSE
We, the undersigned parties, who either intend to be married or are married, enter into this contract in order to enhance our married life together. We understand that the provisions in this contract may differ from requirements in South Carolina or other states' laws. We agree to be bound by the provisions in this contract and in good faith seek to fulfill its obligations. If we do not marry, this contract is null and void.
B. AGREEMENTS
(INITIAL EACH PARAGRAPH TO WHICH YOU AGREE AND WHICH IS APPLICABLE TO YOUR MARRIAGE. A PARAGRAPH DOES NOT BECOME PART OF THIS CONTRACT UNLESS EACH PARTY INITIALS IT PRIOR TO SIGNING THE CONTRACT.)
(1) ___ ___ PRE-MARITAL COUNSELING. Prior to marriage, we agree to seek marriage counseling for a period of not less than thirty days with a mutually agreeable person to act as counselor. A counselor may include a priest, minister, rabbi, clerk of the Religious Society of Friends, a clergyman of any religious sect, a marriage counselor, financial advisor, an attorney, or a person whose experience or professional training may be relied upon for assistance, who agrees to provide advice, and who is acceptable to the parties as an advisor. (IF DESIRED, THE PARTIES MAY INDICATE THEIR PREFERENCE AS TO THE TYPE OF COUNSELOR OR THE PERSON FROM WHOM THEY WOULD SEEK COUNSELING, IF AVAILABLE. ALSO, THE PARTIES MAY INDICATE HOW THEY INTEND TO PAY FOR COUNSELING IF A COST IS INVOLVED.)
(2) ___ ___ BLOOD TEST. Each of us agrees to have a standard serologic test for sexually transmitted diseases including, but not limited to, Human Immunodeficiency Virus (HIV) infection, and to share the results of that test with the other party to this agreement. (IF DESIRED, THE PARTIES MAY INDICATE HOW THEY INTEND TO PAY FOR THE COSTS OF BLOOD TESTING.)
(3) ___ ___ COUNSELING PRIOR TO DIVORCE. If we experience marital difficulties, we agree to make all reasonable efforts to preserve our marriage, including marriage counseling to take place over a period of not less than ninety days. A counselor may include a priest, minister, rabbi, clerk of the Religious Society of Friends, a clergyman of any religious sect, a marriage counselor, financial advisor, an attorney, or a person whose experience or professional training may be relied upon for assistance, who agrees to provide advice, and who is acceptable to us as an advisor. (IF DESIRED, THE PARTIES MAY INDICATE THEIR PREFERENCE AS TO THE TYPE OF COUNSELOR OR THE PERSON FROM WHOM THEY WOULD SEEK COUNSELING, IF AVAILABLE.)
(4) ___ ___ EXTENSION OF TIME FOR SEEKING NO FAULT DIVORCE. We agree not to seek a no fault divorce pursuant to Section 20-3-10(5) of the South Carolina Code of Laws, or a similar statute in another jurisdiction, unless we have lived separate and apart without cohabitation for at least two years. Periodic unsuccessful attempts to reconcile, in which we reside together for less than ninety consecutive days, do not require that the two-year period of separation begin anew. This provision does not preclude either of us from seeking a fault-based divorce.
C. ADMINISTRATIVE PROVISIONS
(1) This contract is intended to be valid in any jurisdiction in which it is presented.
(2) A copy of this contact must be filed with the Probate Judge in the county where the parties reside.
D. SIGNATURES
BY SIGNING HERE I INDICATE THAT I UNDERSTAND THE CONTENTS OF THIS DOCUMENT AND THE EFFECT OF THIS CONTRACT.
I sign my name to this Marriage Care Counseling Contract on this ___ day of ___, ___.
Signature: ____________________
Name: ________________________
I sign my name to this Marriage Care Counseling Contract on this ___ day of ___, ___.
Signature: ____________________
Name: ________________________
E. WITNESSES
WITNESS STATEMENT
I declare, on the basis of information and belief, that the persons who signed or acknowledged this document are personally known to me, that they signed or acknowledged this Marriage Care Counseling Contract in my presence, and that they appear to be of sound mind and under no duress, fraud, or undue influence.
Witness No. 1
Signature: ___________________________ Date: ____________
Print Name: _________________________ Telephone: ________
Residence Address: _____________________________________
_____________________________________________________
Witness No. 2
Signature: ___________________________ Date: ____________
Print Name: _________________________ Telephone: ________
Residence Address: _____________________________________
_____________________________________________________
Section 20-1-430. A copy of this contact must be filed with the Office of the Probate Judge in the county where the parties reside. The fee for recording this contract is ten dollars.
Section 20-1-440. (A) In a divorce proceeding, a court may accept as evidence that a Supportive Marriage Contract was entered into by the parties. The court may give this evidence the weight it considers appropriate in the divorce proceeding.
(B) If a protective order has been issued pursuant to Chapter 4 against one spouse or if one spouse has been convicted of or pled guilty of nolo contendere to an offense in Chapter 25, Title 16, the other spouse may petition the court for a waiver from the Marriage Care Counseling Contract. The court must grant the waiver if the court finds the waiver is in the best interest of the petitioning spouse.
(C) A spouse may petition the court for a waiver from the Supportive Marriage Contract. After an opportunity for each spouse to be heard on the issue, the court must either grant or deny the waiver based upon a finding of the best interest of each spouse."
SECTION 3. This act takes effect upon approval by the Governor.
This web page was last updated on Monday, December 7, 2009 at 10:18 A.M.