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South Carolina Supreme Court invalidates future common-law marriages

July 26, 2019

Via: Jurist

The Supreme Court of South Carolina on Thursday abolished common-law marriage, citing an overwhelming national trend.

The court came to this conclusion reviewing a case that hinged on the “mutual assent” requirement to prove a common-law marriage. In its review, the court chose to refine the test for legal marriages.

Justice Kaye Hearn focused her opinion on societal norms, which have shifted away from moral paternalism.

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