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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 ------------------------------------------------------------------------------- 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
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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