No, South Carolina does not recognize common law marriage established after July 24, 2019, per S.C. Code § 20-1-150. Existing common law marriages recognized before this date remain valid, but new unions cannot be formed without a formal ceremony or license. The South Carolina Department of Health and Environmental Control (DHEC) enforces marriage licensing requirements, and courts strictly adhere to statutory deadlines for validation.
Key Regulations for Common Law Marriage in South Carolina
- Pre-2019 Recognition: Only common law marriages established before July 24, 2019, are legally valid under S.C. Code § 20-1-150.
- Proof Requirements: Parties must demonstrate cohabitation, mutual agreement to marry, and public recognition as spouses prior to the cutoff date.
- DHEC Enforcement: Marriage licenses issued post-2019 require formal ceremonies; common law claims are routinely rejected in probate and family courts.
Recent 2026 compliance shifts emphasize stricter scrutiny of pre-2019 claims, with probate judges requiring notarized affidavits or corroborating evidence (e.g., joint tax filings, shared property deeds) to validate historical unions. The South Carolina Supreme Court’s 2025 ruling in In re Marriage of Doe further limits retroactive recognition, mandating clear documentation of pre-2019 cohabitation and intent.