S 0060 General Bill, By L. Martin, Campsen and Fair
 A BILL TO AMEND THE 1976 CODE BY ADDING SECTION 20-1-110 TO PROVIDE THAT
 COMMON-LAW MARRIAGE IN THE STATE MAY NOT BE RECOGNIZED ON AND AFTER JANUARY 1,
 2011, AND TO PROVIDE AN EXCEPTION FOR A COMMON-LAW MARRIAGE EXISTING AS OF
 DECEMBER 31, 2010; AND TO REPEAL SECTION 20-1-360 RELATING TO THE VALIDITY OF
 A MARRIAGE CONTRACTED WITHOUT THE ISSUANCE OF A LICENSE.

   12/01/10  Senate Prefiled
   12/01/10  Senate Referred to Committee on Judiciary
   01/11/11  Senate Introduced and read first time (Senate Journal-page 31)
   01/11/11  Senate Referred to Committee on Judiciary
                     (Senate Journal-page 31)
   01/09/12  Senate Referred to Subcommittee: Sheheen (ch), Knotts,
                     Campsen, Lourie, Campbell

TO AMEND THE 1976 CODE BY ADDING SECTION 20-1-110 TO PROVIDE THAT COMMON-LAW MARRIAGE IN THE STATE MAY NOT BE RECOGNIZED ON AND AFTER JANUARY 1, 2011, AND TO PROVIDE AN EXCEPTION FOR A COMMON-LAW MARRIAGE EXISTING AS OF DECEMBER 31, 2010; 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)    A common-law marriage in this State must not be recognized after January 1, 2011, unless it is established, by a preponderance of the evidence in a court of competent jurisdiction, that the common law marriage existed as of December 31, 2010.

(B)    Prior to January 1, 2011, the probate court shall waive the marriage license application fee for parties who are in a common-law marriage as attested to in a form affidavit provided to the parties by the probate court."

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    Section 20-1-360 of the 1976 Code is repealed.

SECTION    3.    Except as otherwise provided for in this act, this act takes effect upon approval by the Governor.