1999-2000 Bill 3656: Marriage, Common Law; Abolishment Of, Domestic Relations - South Carolina

BIL:3656

TYP:General Bill GB

INB:House

IND:19990303

PSP:Littlejohn

SPO:Littlejohn, Trotter, Allison, Barrett, Beck, Cato, Davenport, Easterday, Emory, Fleming, Hamilton, Haskins, Inabinett, Keegan, Kelley, Leach, Loftis, Martin, Rhoad, Riser, Robinson, Rodgers, Sandifer, Simrill, J.Smith, R.Smith, Stille, Townsend, Vaughn, Walker, Webb, Whatley, Wilder, Woodrum, YoungBrickell

DDN:l:\council\bills\bbm\9016som99.doc

RBY:House

DTA:19990511

COM:Judiciary Committee 25 HJ

SUB:Marriage, common law; abolishment of, Domestic Relations

HST:

BodyDateAction DescriptionComLeg Involved

______

House19990511Tabled in Committee25 HJ

House19990309Co-Sponsor removed (Rule 5.2) by Rep.Hinson

House19990303Introduced, read first time,25 HJ

referred to Committee

Printed Versions of This Bill

TXT:

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 201110 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 201360, RELATING TO THE EFFECT OF THE ARTICLE 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:

SECTION1.The General Assembly finds that:

(1)under the common law of South Carolina, marriages have been recognized between a consenting man and woman without benefit of license or ceremony, in situations where both parties are legally free to marry, have the intent to be married to each other, consummate the union by cohabitation, and hold themselves out to the community as husband and wife; and

(2)it is, at times, difficult to prove a common law marriage after the death of one of the parties; and

(3)a marriage license may be easily obtained in society today; and

(4)it is very important that government keep proper public records; and

(5)the concept of common law marriage is no longer necessary in this State.

It is the intent of the General Assembly that common law marriage in South Carolina be abolished.

SECTION2.The 1976 Code is amended by adding:

“Section 201110.(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.”

SECTION3.Section 201360 of the 1976 Code is amended to read:

“Section 201360.Nothing contained in this article shall render illegal any 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 20120; and

(3)follow the issuance of a license as provided in Section 201210, et seq..”

Section 4. This act takes effect July 1, 1999.

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