South Carolina General Assembly
118th Session, 2009-2010

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H. 3190

STATUS INFORMATION

General Bill
Sponsors: Rep. Delleney
Document Path: l:\council\bills\ggs\22153ab09.docx

Introduced in the House on January 13, 2009
Currently residing in the House Committee on Judiciary

Summary: Prenuptial agreements

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
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  12/16/2008  House   Prefiled
  12/16/2008  House   Referred to Committee on Judiciary
   1/13/2009  House   Introduced and read first time HJ-83
   1/13/2009  House   Referred to Committee on Judiciary HJ-84

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/16/2008

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

A BILL

TO AMEND SECTION 63-3-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURISDICTION OF FAMILY COURT AND PROBATE COURT, SO AS TO PROVIDE FAMILY COURT HAS EXCLUSIVE JURISDICTION TO INTERPRET A PRENUPTIAL AGREEMENT, AND MAY APPROVE A PRENUPTIAL AGREEMENT PRIOR TO A MARRIAGE.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 63-3-530(B) of the 1976 Code, as added by Act 361 of 2008, is amended to read:

"(B)    Notwithstanding another provision of law, the family court and the probate court have concurrent jurisdiction to hear and determine matters relating to paternity, common-law marriage, and interpretation of marital agreements; except that the concurrent jurisdiction of the probate court extends only to matters dealing with the estate, trust, and guardianship and conservatorship actions before the probate court. The family court has exclusive jurisdiction over interpretation of terms in a prenuptial agreement and may approve the validity of a prenuptial agreement before the subject marriage is formed."

SECTION    2.    This act takes effect upon approval by the Governor.

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