Several years ago, people in South Carolina could treat couples as legally married without a marriage license. The law occasionally declared a relationship to be a marriage when two individuals resided together and publicly proclaimed their relationship as married.
This system was altered in 2019, when the South Carolina Supreme Court brought an end to the establishment of new common-law marriage. The ruling has significant implications for how couples defend their rights today.
In South Carolina, new common-law marriages that are entered into on or after July 24, 2019, are not recognized. Although previous relationships might still be recognized by the courts, couples in the contemporary world must undergo a formal legal process to obtain the rights and protections of marriage.
Why This Legal Change Is Important to Couples
The end of new common-law marriages is significant because it removes automatic legal protections that some couples previously relied on. There is no legal marriage simply by living together and addressing each other as spouses.
This implies that couples who are not married might not have the same rights as married partners. Such crucial issues as property ownership, inheritance, and medical decisions may be complex in the case of a relationship break-up or the death of one partner.
The law of marriage commonly dictates the rights towards estates, taxes, and family decision-making. In the absence of legal marriage, the couple will not necessarily inherit property or sponsorship rights.
Is It Possible to Alter Financial and Property Rights?
Financial protection is one of the greatest effects of this legal change. Married couples are usually endowed with clear rights to mutual property, pensions, and other financial security.
Couples who are not married may not have equal rights if they do not enter into any legal agreements. For example, if a long-term relationship ends, property division can be determined by the names on the ownership papers.
This may cause a conflict if either partner invested money, yet only one is registered as the owner.
Authority On Medical and Legal Decisions
The capacity to make decisions in case of an emergency is also influenced by marriage. A spouse can often make medical decisions on behalf of their partner if they are unable to do so.
Hospitals or courts might not accept a partner as a decision-maker without a legally binding marriage. In other cases, the relatives might be granted precedence in courts. Legal spouses tend to have greater advantages in healthcare choices and end-of-life planning.
Clearly Defined Law and Reduced Lawsuits
Even though the change eliminated informal marriages, it also established legal standards. Marriage licenses and ceremonies provide formal evidence of a relationship.
This helps prevent disputes in the event of divorce or legal issues involving inheritance or property.
Courts no longer need to examine years of behavior to determine whether a couple intended to be married. Instead, legal status can be confirmed through official records.
What Couples Need to Think About Now
Couples seeking the rights that come with marriage are now required to complete the formalities of obtaining a marriage license and attending a ceremony.
Couples who do not want to get married can also safeguard themselves through legal planning. Wills, cohabitation agreements, and medical powers of attorney are some of the documents that can be used to define rights and responsibilities.
Key Takeaways
- In 2019, South Carolina ended new common-law marriages.
- Couples cannot be legally married by cohabiting.
- Unmarried couples do not have the right to property and inheritance.
- Marriage provides greater legal control over finances and medical decisions.
- Written marriage records help avoid court battles.
- Unmarried couples may need legal contracts to protect their rights.
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