Persons whom may contract matrimony.
(A) All people, except mentally people which can be incompetent people whoever wedding is forbidden by this area, may lawfully contract matrimony.
(B) No guy shall marry their mom, grandmother, child, granddaughter, stepmother, sibling, grandfather’s spouse, son’s spouse, grandson’s spouse, spouse’s mom, spouse’s grandmother, spouse’s child, spouse’s granddaughter, sibling’s child, sibling’s daughter, dad’s sibling, mom’s cousin, or any other guy.
(C) No woman shall marry her father, grandfather, son, grandson, stepfather, bro, grandmother’s spouse, daughter’s spouse, granddaughter’s spouse, spouse’s daddy, spouse’s grandfather, spouse’s son, spouse’s grandson, cousin’s son, sis’s son, dad’s bro, mom’s cousin, or any other woman.
Just ministers associated with Gospel, Jewish rabbis, officers authorized to manage oaths in this State, plus the main or spiritual frontrunner of A indigenous United states Indian entity identified by the sc Commission for Minority Affairs pursuant to Section 1-31-40 are authorized to manage a wedding ceremony in this State.
Cohabitation prior to emancipation as marriage.
All people in this State who, earlier than their real emancipation, had undertaken and consented to occupy the reference to one another of wife and husband and had been cohabiting as a result or in in whatever way recognizing the connection as still current on March 12, 1872, whether or not the rites of wedding have already been celebrated or perhaps not, will probably be considered couple, and become entitled to all or any the liberties and privileges and become subject to all of the duties and responsibilities of this relation, in love way as though they’d been duly hitched in accordance with legislation.
However the conditions of the part shall never be considered to give to individuals that have consented to reside in concubinage after their emancipation.
The youngsters of these marriages will probably be considered genuine so when the events shall have ceased to cohabit, in result of the loss of the girl or from virtually any cause, most of the young ones associated with the girl, acquiesced by the person become their, will probably be considered legitimate.
The problem of all of the marriages contracted after the lack of a wife or husband for a time period of five years, such wife or husband maybe not being heard from or considered to be residing through that time period, are genuine and declared become appropriate heirs of these parents.
In the event that moms and dads of a child that is illegitimate marry, the kid shall be genuine just as if created in legal wedlock and, regarding the kid therefore legitimated, all limits imposed for legal reasons upon the total amount of home which may be offered illegitimate kiddies by deed, will, inheritance or elsewhere will be removed. The conditions for this part will be retroactive to your level which they shall use in every instances for which ahead of might 2, 1951, the moms and dads of a illegitimate son or daughter shall have hitched in addition to daddy and such son or daughter shall have now been living on said date.
Any kid legitimized underneath the conditions of area shall simply take the true title of their dad unless the kid is formerly adopted as otherwise given by legislation and unless their title is changed into the decree of use, in which particular case he shall wthhold the title provided him when you look at the decree.
All marriages contracted while either regarding the events features a wife that is former spouse living will be void. But this section shall perhaps not expand to someone whoever spouse will probably be missing for the area of 5 years, usually the one maybe maybe not knowing the other become residing throughout that time, not to ever any individual who will be divorced or whoever very very first wedding will probably be announced void by the phrase of a court that is competent.
Whenever either regarding the contracting parties to a wedding that is void beneath the conditions of part 20-1-80 entered to the wedding agreement in good faith on or after April 13, 1951 as well as in lack of knowledge of this incapacity regarding the other celebration, any kids born associated with wedding will be considered legitimate and also have the exact same protection under the law as a son or daughter created in legal wedlock.
Anybody beneath the chronilogical age of sixteen just isn’t effective at stepping into a legitimate wedding, and all marriages hereinafter entered into by such individuals are void ab initio. A common-law marriage hereinafter joined into by a person under the chronilogical age of sixteen is void initio that is ab.
No wedding permit might be given unless a written application is filed because of the probate judge, or in Darlington and Georgetown counties the clerk of court whom issues the permit, at the least twenty-four hours ahead of the issuance associated with permit. The applying must certanly be finalized by both associated with the contracting parties and shall retain the information that is same necessary for the issuing regarding the permit such as the social protection figures, or perhaps the alien recognition figures assigned to resident aliens that do not need social protection figures, for the contracting parties. The permit issued, along with other items needed, must show the hour and date for the filing associated with the application therefore the hour and date associated with the issuance for the permit. The applying must certanly be held because of stay at website the probate judge or clerk of court as a permanent record in their workplace. A probate clerk or judge of court issuing a permit contrary to your conditions, upon conviction, should be fined no more than $ 100 or perhaps not lower than twenty-five bucks, or imprisoned for no more than 30 days or otherwise not lower than ten times.
(A) The judge of probate or clerk of court with who a wedding permit application ended up being filed shall issue a license upon:
(1) the filing regarding the application needed underneath the conditions
(2) the lapse of at the very least twenty-four hours thereafter;
(3) the re payment regarding the cost given by legislation; and
(4) the filing of the declaration, under oath or affirmation, towards the impact that the individuals looking for the agreement of matrimony are legitimately eligible to marry, with the complete names regarding the people, their ages, and places of residence.