All persons in this State who, previous to their actual emancipation, had undertaken and agreed to occupy the relation to each other of husband and wife and were cohabiting as such or in any way recognizing the relation as still existing on March 12, 1872, whether the rites of marriage have been celebrated or not, shall be deemed husband and wife, and be entitled to all the rights and privileges and be subject to all the duties and obligations of that relation, in like manner as if they had been duly married according to law.
But the provisions of this section shall not be deemed to extend to persons who have agreed to live in concubinage after their emancipation.
HISTORY: 1962 Code Section 20-3; 1952 Code Section 20-3; 1942 Code Sections 8569, 8570; 1932 Code Sections 8569, 8570; Civ. C. '22 Sections 5534, 5535; Civ. C. '12 Sections 3755, 3756; Civ. C. '02 Sections 2662, 2663; G. S. 2030, 2031; R. S. 2161, 2162; 1872 (15) 183.
Structure South Carolina Code of Laws
Section 20-1-10. Persons who may contract matrimony.
Section 20-1-15. Prohibition of same sex marriage.
Section 20-1-20. Persons who may perform marriage ceremony.
Section 20-1-30. Cohabitation prior to emancipation as marriage.
Section 20-1-40. Cohabitation prior to emancipation as marriage; children.
Section 20-1-50. Legitimacy of children of marriages contracted after absence of previous spouse.
Section 20-1-60. Marriage of parents legitimates illegitimate children.
Section 20-1-70. Name of children legitimized after marriage of parents.
Section 20-1-80. Bigamous marriage shall be void; exceptions.
Section 20-1-100. Minimum age for valid marriage.
Section 20-1-210. License required for marriage.
Section 20-1-220. Written application required twenty-four hours prior to issuance of license.
Section 20-1-230. Issuance of license; premarital preparation course.
Section 20-1-240. Information to be provided to applicants for marriage licenses.
Section 20-1-250. Applicants under age of consent; consent of relative or guardian.
Section 20-1-260. Proof of age required of minor applicant.
Section 20-1-270. Proof of age required of applicant over age eighteen and under age twenty-five.
Section 20-1-280. Penalty for furnishing false affidavit.
Section 20-1-310. Form of license and certificate.
Section 20-1-320. Division of vital statistics shall distribute license forms.
Section 20-1-330. Issue of licenses in triplicate; disposition.
Section 20-1-340. Record of license and certificate kept by probate judge or clerk of court.
Section 20-1-360. Effect of article on marriage without license.
Section 20-1-370. Disposition of license fee.
Section 20-1-375. Marriage license fee.
Section 20-1-380. Disposition of fines.
Section 20-1-510. Jurisdiction to determine validity of marriage.
Section 20-1-520. Affirmation of marriage if validity has been denied or doubted.
Section 20-1-530. Declaration of invalidity.
Section 20-1-540. Adjudication of presumed death.
Section 20-1-550. Service on defendant in action to annul marriage.
Section 20-1-570. Establishment of official record of marriages.
Section 20-1-580. Effect of establishment of official record of marriage and record.
Section 20-1-700. Short title.
Section 20-1-710. Legislative purpose.
Section 20-1-720. Publication and distribution of "South Carolina Family Respect" pamphlet.