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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-1-110 SO AS TO PROVIDE THAT COMMON LAW MARRIAGE IS NOT VALID IN THE STATE AFTER DECEMBER 31, 2004, AND TO PROVIDE THAT OTHERWISE VALID COMMON LAW MARRIAGES ENTERED INTO BEFORE JANUARY 1, 2005, CONTINUE TO BE RECOGNIZED IN THE STATE; AND TO REPEAL SECTION 20-1-360 RELATING TO THE VALIDITY OF A MARRIAGE CONTRACTED WITHOUT THE ISSUANCE OF A LICENSE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 1, Chapter 1, Title 20 of the 1976 Code is amended by adding:
"Section 20-1-110. A common law marriage in this State must not be recognized on and after January 1, 2005, unless it is established by sufficient proof in a court of competent jurisdiction that the common law marriage existed as of December 31, 2004."
SECTION 2. Section 20-1-360 of the 1976 Code is repealed.
SECTION 3. This act takes effect January 1, 2005.
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