South Carolina General Assembly
116th Session, 2005-2006

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Bill 3588

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COMMITTEE REPORT

April 13, 2005

H. 3588

Introduced by Reps. Whipper, Sinclair, J.H. Neal, Brady, Barfield, Weeks, Hosey, Govan, Lucas, Harrison, Anderson, Bowers, Breeland, Hamilton, Haskins, Hayes, M. Hines, Littlejohn, Mahaffey, Phillips, Pinson, W.D. Smith, Taylor and Walker

S. Printed 4/13/05--H.

Read the first time February 17, 2005.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (H. 3588) to amend the Code of Laws of South Carolina, 1976, by adding Section 20-1-110 so as to provide that common law marriage in the State may not, etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass:

JAMES H. HARRISON for Committee.

            

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-1-110 SO AS TO PROVIDE THAT COMMON LAW MARRIAGE IN THE STATE MAY NOT BE RECOGNIZED ON AND AFTER JANUARY 1, 2006, AND TO PROVIDE AN EXCEPTION FOR A COMMON LAW MARRIAGE EXISTING AS OF DECEMBER 31, 2005; 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 may not be recognized on and after January 1, 2006, unless it is established by sufficient proof in a court of competent jurisdiction that the common law marriage existed as of December 31, 2005."

SECTION    2.    Section 20-1-360 of the 1976 Code is repealed.

SECTION    3.    This act takes effect January 1, 2006.

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