What does the Ruling Mean for Cohabitating Couples in the State? On July 25th, 2019, the South Carolina Supreme Court issued a monumental decision abolishing common law marriage in the Palmetto State.

Proving a Common-Law Marriage The parties must agree between themselves to be married. They show their agreement by acting like a married couple: living together, treating each other as a spouse, and holding themselves out in the community as a married couple.

Proving a Common-Law Marriage The parties must agree between themselves to be married. They show their agreement by acting like a married couple: living together, treating each other as a spouse, and holding themselves out in the community as a married couple.

The parties must cohabitate for some period of time; however, there is NO time requirement of 7 years, as often wrongly believed.

The following documents may be helpful in proving your common law marriage: naturalization certificate, immigration record, insurance policy, deeds, passport, child's birth certificate, bank records showing joint accounts as husband and wife, church, employment, and other records.

No. Many couples live together in South Carolina without ever creating a common-law marriage. Also, the length of time you live together doesn't by itself determine whether a common-law marriage exists. In fact, no South Carolina law says that a certain number of years of cohabitation creates a common-law marriage.

No Impediment to Marriage Both parties are legally free to marry (such as not already married to someone else, not brother and sister, not underage). Cohabitation The parties must cohabitate (live together). Present Intent to Be Married There must be an agreement (formal or informal) and an intent to be married.