Kara Sears
Common-law marriage in South Carolina refers to couples who consider themselves married but have not obtained a marriage license. This type of marriage has existed for centuries, particularly when the cost of a marriage license or travel to the courthouse was prohibitive. While South Carolina previously recognized common-law marriages, a 2019 ruling by the state Supreme Court ended this practice. Now, couples in South Carolina must obtain a marriage license to be legally recognized as married. However, the ruling does not affect existing common-law marriages, and those couples are still considered married. Establishing a common-law marriage in South Carolina required meeting specific criteria, including both partners being at least 16 years old, not currently married, and not closely related by blood. Additionally, the couple must live together and agree to consider themselves spouses. Proving a common-law marriage could be complex, often requiring witnesses or documents such as tax returns, health care forms, or cards to demonstrate that the couple presented themselves as married.
| Characteristics | Values |
|---|---|
| History of common-law marriage in South Carolina | Common-law marriage has existed for centuries in South Carolina. |
| Reasons for common-law marriage | The cost of a marriage license was once burdensome, and transportation to the courthouse was difficult. |
| Requirements for common-law marriage | Both partners must be at least 16 years old, not currently married to anyone else, not closely related by blood, and must live together. |
| Proof of common-law marriage | Proof can include witnesses who state that the couple has consistently presented themselves as married, documents such as tax returns, health care forms, cards, and hotel check-ins. |
| Changes to common-law marriage laws | As of July 24, 2019, new common-law marriages can no longer be formed in South Carolina, but pre-existing ones may still be valid. |
| Impact of changes | Couples who want to marry in South Carolina now need to obtain a marriage license from a courthouse, but no formal ceremony or dress-up is required. |
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What You'll Learn
Common-law marriage is no longer recognised in South Carolina
Common-law marriage has existed for centuries in South Carolina. It was particularly useful when transportation to the courthouse to obtain a marriage license was difficult and the cost of a marriage license could be burdensome. The State's recognition of marriages without formal documentation was also desirable to legitimize children born out of wedlock.
However, common-law marriage is no longer recognized in South Carolina. In 2019, the South Carolina Supreme Court ruled that common-law marriages would no longer be possible, resolving the long-standing issues surrounding them. The ruling, issued in a case entitled Stone v. Thompson, prevents new common-law marriages from being established in South Carolina after July 24, 2019.
Previously, a common-law marriage in South Carolina could be formed simply by the intent of each party to be married and a mutual understanding of their intent to be married. The couple was not required to live together for a specific amount of time, but rather the validity was based on how the couple viewed and presented themselves. While there was no set list of factors, the court considered the circumstances surrounding the relationship to decide whether a common-law marriage existed.
Now, couples in South Carolina who want to be considered married and ensure they have spousal rights must obtain a marriage license and participate in a simple ceremony. This change in law also affects the rights of surviving spouses, who may now be left with fewer benefits than they expected.
It is important to note that the Supreme Court's ruling does not affect common-law marriages that were entered into prior to July 24, 2019. These marriages are still recognized in South Carolina, but they may face additional challenges in proving their marital status due to the standardized proof required by the court.
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Couples must meet certain criteria for a common-law marriage to be recognised
In South Carolina, certain criteria must be met for a common-law marriage to be recognised. The concept of common-law marriage is a marriage that results from an agreement between the parties to consider themselves married, followed by cohabitation, without a statutorily defined process. It is important to note that not all jurisdictions permit common-law marriage, and the requirements vary across states.
Firstly, both partners must be at least 16 years old, although some states require both partners to be at least 18 years old and of sound mind. They must not be currently married to anyone else, and they should not be closely related by blood. The couple must live together and agree to consider themselves as spouses. The length of cohabitation is not a statutory requirement, but generally, the longer a couple lives together, the stronger their case is for common-law marriage.
Secondly, the couple must behave as a married couple, holding themselves out as married to friends, family, and the public. This can be proven through various documents, such as income tax returns, health care forms, beneficiary designations, cards, and how they check into hotels and events. The couple must also intend to be married, which can be demonstrated through their actions and how they present themselves.
Finally, it is important to note that meeting these requirements does not automatically grant common-law marriage status. The recognition of a common-law marriage is at the state's discretion, and each state has its unique requirements. Additionally, some states have abolished common-law marriage, and while they may recognise existing common-law marriages, they no longer allow new ones to be established. Therefore, it is crucial to check the specific requirements and laws of the state in question.
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Common-law marriage can be complicated to prove
Common-law marriage, also known as marriage without formalities or informal marriage, is a valid and legal way for a couple to marry in some states. However, it can be complicated to prove. Common-law marriage has existed for centuries in South Carolina, but a recent South Carolina Supreme Court ruling prevents new common-law marriages from being established after July 24, 2019.
For couples that choose not to declare their common-law marriage, documents such as lease agreements, tax returns, and insurance policies may be requested to prove the marriage. If there is a dispute about the existence of a common-law marriage, a court may need to decide, and this often involves examining small, intimate details of a couple's life. Witnesses who can state that the couple consistently presented themselves as married to family, friends, and the general public can be crucial. Other forms of proof include income tax returns, health care forms, beneficiary designations, cards exchanged, and how they checked into hotels and events.
In South Carolina, certain criteria must be met for a common-law marriage to be recognized. Both partners must be at least 16 years old, not currently married to anyone else, not closely related by blood, living together, and agreeing to consider themselves as spouses. However, meeting these requirements does not automatically grant common-law marriage status; it is ultimately a recognition by the state.
Common-law marriage can be a complex and uncertain area of law, and it is always best to consult with an experienced family law attorney to understand your rights and options.
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Common misconceptions about common-law marriage
Common-law marriage in South Carolina refers to couples who consider themselves married but have not executed a proper marriage license. This type of marriage has existed for centuries, stemming from the difficulties in travelling to courthouses to obtain marriage licenses. While South Carolina previously recognised common-law marriages, it abolished them after July 24, 2019.
- Living together for a certain period of time automatically constitutes a common-law marriage: Simply cohabitating does not create a legal marriage. There are specific legal requirements that vary by state for a common-law marriage to be valid.
- Common-law marriage is recognised in every state: Only a handful of states still recognise common-law marriage. Many have abolished it over the years.
- There doesn't need to be an agreement to be married: Most states require evidence that both partners intended and agreed to be married, even without a formal ceremony.
- Common-law marriage is a quick and easy alternative to traditional marriage: While common-law marriage does not require a marriage license or ceremony, it can be complicated to establish and may require extra proof.
- Common-law marriage provides the same benefits as a traditional marriage: Common-law marriages give couples the legal rights and responsibilities of a traditionally licensed marriage. However, the lack of a marriage license can make some spousal benefits harder to obtain.
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Existing common-law marriages may be affected by new rulings
Common-law marriages in South Carolina refer to couples who consider themselves married but have not executed a proper marriage license. Common-law marriages have existed for centuries in South Carolina, arising from the difficulties in travelling to courthouses to obtain marriage licenses.
In 2019, the South Carolina Supreme Court abolished common-law marriages in the state. The ruling, issued in a case entitled Stone v. Thompson, prevents new common-law marriages from being established in South Carolina after July 24, 2019. However, this ruling does not affect common-law marriages that existed before that date.
The new ruling has implications for existing common-law marriages, particularly in divorce cases. Couples in a common-law marriage who wish to separate must still get a divorce, and it may be more challenging to prove the existence of the marriage. The courts must still apply the old common-law marriage rules, and alimony and child custody issues may arise. Additionally, the ruling has established new evidentiary rules, requiring clear and convincing evidence of mutual assent to be married, rather than simply living together.
To prevent potential property ownership disputes and other concerns, couples in existing common-law marriages may want to proactively document how they wish to handle situations where they cannot take advantage of the privileges granted to married couples. This can include executing a health care power of attorney or a financial power of attorney to allow their partner to make decisions on their behalf if they become incapacitated. Consulting with an estate planning lawyer can help couples establish the nature of their relationship and outline their rights.
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