Posted on Wed, Apr. 27, 2005


House passes bill banning common law marriages


Associated Press

South Carolina would join most other states who don't recognize common law marriage under a bill that won key approval in the House on Wednesday.

The legislation, which still needs third reading before crossing to the Senate, would eliminate a state statute that enables a person without a marriage license to receive some spousal benefits in cases of death of or separation from a partner.

Under the bill, unions entered after Dec. 31 would no longer be recognized without a marriage license. South Carolina is one of nine states that recognize common law marriage, said Rep. Phil Sinclair, R-Spartanburg.

Supporters said the bill would eliminate headaches for judges who must determine whether a couple meets the standard for common law marriage when dividing property.

"Allowing someone to be sort of married ... creates a legal mess for the system," said Rep. Doug Jennings, D-Bennettsville.

But Rep. James McGee, R-Florence, said current law protects women in relationships. Without the law, women who may have lived many years with partners would be stripped of their right to alimony or inheriting property, McGee said.

Sinclair called the bill a "family values bill," but opponents said it would not encourage more couples to get married.





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