South Carolina Wedding Laws
Full of old-world charm and gorgeous views, South Carolina makes for an idyllic place to hold a marriage ceremony. Whether the couple wants to marry on a beach, in a mansion, near a forest or in virtually any other setting, the Palmetto State has something for every couple. While planning the marriage ceremony may be the couple's top priority, it is critical for the officiant and both members of the couple to know how to solemnize a legally binding marriage in South Carolina. This guide discusses the state's specific and unique marriage requirements. Continue reading to learn about marriage laws, license requirements and the obligations of all parties.
South Carolina Marriage Requirements
- Min. Age of Couple:
- Age 18 or Age 16 with Guardian Consent
- Residency:
- Not Required
- Min. Distance of Kin Allowed:
- First Cousins
- Marriage Equality:
- Yes
To marry in South Carolina, both members of the couple must be at least 18. Those who are 16 and 17 and living with parents may marry in the Palmetto State with the consent of their parents or legal guardians. To prove consent, the couple must provide sworn affidavits from parents or legal guardians.
South Carolina law allows both residents and nonresidents to marry in the state. Pursuant to federal law, the state must also recognize same-sex unions. It does not, however, allow mentally incompetent individuals to marry. Furthermore, all blood relatives closer than first cousins may neither apply for a marriage license nor wed in South Carolina.
S.C. Code Ann. § 20-1-10. Persons who may contract matrimony.
(A) All persons, except mentally incompetent persons and persons whose marriage is prohibited by this section, may lawfully contract matrimony.
(B) No man shall marry his mother, grandmother, daughter, granddaughter, stepmother, sister, grandfather's wife, son's wife, grandson's wife, wife's mother, wife's grandmother, wife's daughter, wife's granddaughter, brother's daughter, sister's daughter, father's sister, mother's sister, or another man.
(C) No woman shall marry her father, grandfather, son, grandson, stepfather, brother, grandmother's husband, daughter's husband, granddaughter's husband, husband's father, husband's grandfather, husband's son, husband's grandson, brother's son, sister's son, father's brother, mother's brother, or another woman.
S.C. Code Ann. § 20-1-100. Minimum age for valid marriage.
Any person under the age of sixteen is not capable of entering into a valid marriage, and all marriages hereinafter entered into by such persons are void ab initio. A common-law marriage hereinafter entered into by a person under the age of sixteen is void ab initio.
S.C. Code Ann. § 20-1-250. Applicants under age of consent; consent of relative or guardian.
A marriage license must not be issued when either applicant is under the age of sixteen. When either applicant is between the ages of sixteen to eighteen and that applicant resides with father, mother, other relative, or guardian, the probate judge or other officer authorized to issue marriage licenses shall not issue a license for the marriage until furnished with a sworn affidavit signed by the father, mother, other relative, or guardian giving consent to the marriage.
How to Get a South Carolina Marriage License
- Who Picks Up License:
- The Couple
- Where License is Valid:
- Any County in South Carolina
- Marriage License Pick-Up:
- In Person Only
- Cost of License:
- Varies by County
- Accepted I.D. Types:
- Photo ID and Social Security Card
- Proof of Divorce Required (If Applicable):
- No
- Blood Test Required:
- No
If members of the couple are between 18 and 25, both must present a valid photo ID or social security card to a probate judge or county clerk to obtain a marriage license. The couple must appear in person.
Each county in South Carolina has a different fee structure for marriage license applications, regardless of whether the couple resides in the state or somewhere else. Consequently, it is important to check with the probate judge or county clerk to determine the cost of the license application.
South Carolina law does not require the couple to provide previous divorce decrees. Likewise, the couple does not have to submit the results of a blood test.
S.C. Code Ann. § 20-1-270. Proof of age required of applicant over age eighteen and under age twenty-five.
All persons over eighteen years of age and under twenty-five years of age shall furnish documentary evidence to the probate judge or any other officer authorized under the law to issue marriage licenses which shall prove the age of the applicant to the satisfaction of such probate judge or other officer. The probate judge or other officer shall enter upon the record of the application a brief description of evidence submitted.
Applying For a Marriage License in South Carolina
- ULC-Officiated Ceremony Type:
- Religious
- Mandatory Waiting Period:
- 24 Hours
- License Valid For:
- 6 Months
- License Must Be Submitted:
- Within 15 Days of Ceremony
Probate judges and county clerks require couples to submit completed marriage license applications at least 24 hours before they will issue marriage licenses. When submitting the forms, the couple must list their social security numbers.
After a probate judge or county clerk issues a marriage license, it is valid for six months. If a probate judge or county clerk does not follow procedure, a $100 fine and a 30-day jail sentence are possible.
Marrying couples receive three copies of the marriage license from the probate judge or county clerk. The couple must give all copies of the license to the officiating minister. The minister must then complete the licenses after the ceremony and return two licenses to the office that issued the license. The minister must typically return the completed licenses within 15 days. In Lexington County, though, ministers have 30 days to return the completed licenses.
S.C. Code Ann. § 20-1-220. Written application required twenty-four hours prior to issuance of license.
No marriage license may be issued unless a written application has been filed with the probate judge, or in Darlington and Georgetown counties the clerk of court who issues the license, at least twenty-four hours before the issuance of the license. The application must be signed by both of the contracting parties and shall contain the same information as required for the issuing of the license including the social security numbers, or the alien identification numbers assigned to resident aliens who do not have social security numbers, of the contracting parties. The license issued, in addition to other things required, must show the hour and date of the filing of the application and the hour and date of the issuance of the license. The application must be kept by the probate judge or clerk of court as a permanent record in his office. A probate judge or clerk of court issuing a license contrary to the provisions, upon conviction, must be fined not more than one hundred dollars or not less than twenty-five dollars, or imprisoned for not more than thirty days or not less than ten days.
S.C. Code Ann. § 20-1-330. Issue of licenses in triplicate; disposition.
The officer issuing marriage license certificates shall issue them in triplicate, all of which shall be delivered to either of the contracting parties and the parties to whom they are delivered shall in turn deliver them to the minister or officer who performs the wedding ceremony. The minister or officer who performs the wedding ceremony shall fill them out as required by law and deliver one to the contracting parties, without additional charge, and the other two within fifteen days to the officer who issued the license certificates.
How to Become a Wedding Officiant in South Carolina
- Min. Age of Minister:
- Age 18
- Residency:
- Not Required
- Document(s) Required:
- Ordination Credential
- Online Ordination Recognized:
- Yes
- Relevant Office of Registration:
- Probate Court
- Latest Document(s) Submission Date Allowed:
- After Ceremony
- Minister I.D. # Issued:
- No
South Carolina law only allows certain individuals to perform marriage ceremonies. The group of approved officials includes ministers of the Gospel, Jewish rabbis, officers of the state who are legally entitled to administer oaths, and leaders of recognized Native American Indian tribes.
Ministers who receive their ordination from Universal Life Church are recognized as religious actors in the Palmetto State. Consequently, Universal Life Church ministers may officiate at wedding ceremonies, provided they are at least 18.
The place of residence, gender, and belief systems of ministers do not disqualify them from solemnizing marriages in South Carolina. The Universal Life Church's Classic Wedding Package includes ordination certificates and other documents to prove a ministry association.
S.C. Code Ann. § 20-1-20. Persons who may perform marriage ceremony.
Only ministers of the Gospel, Jewish rabbis, officers authorized to administer oaths in this State, and the chief or spiritual leader of a Native American Indian entity recognized by the South Carolina Commission for Minority Affairs pursuant to Section 1-31-40 are authorized to administer a marriage ceremony in this State.
Getting Married in South Carolina
- Marriage By Proxy Allowed:
- No
- Minister Required to be Present:
- Yes
- Number of Witnesses Required:
- None
- Min. Age of Witnesses:
- N/A
- Couple's Consent Required:
- Yes
- Pronouncement Required:
- Yes
In South Carolina, marrying couples and wedding officiants are generally free to craft the marriage ceremonies they want. Nevertheless, state law requires both members of the couple to consent to the marriage. The minister also must pronounce the couple legally married.
While South Carolina law requires no witnesses, it does require the officiant and both members of the couple to be physically present at the ceremony.
Finalizing the Marriage
- Officiant's Title on Marriage License:
- Minister
- Church/Ordaining Body:
- Universal Life Church Ministries
- Address of Church:
- Minister's Home Address
While many ministers focus on the intricacies of marriage ceremonies, they have work to do after ceremonies end as well.
South Carolina law requires ministers to complete and sign all three copies of the marriage license. One copy stays with the married couple, while the other two must go back to the issuing office within 15 days. In Lexington County, the deadline to return the marriage licenses is 30 days from the date of the ceremony.
When completing marriage licenses, Universal Life Church ministers should include their minister titles, names and home addresses. Where the license asks for the name of the religious organization, ministers should list Universal Life Church Ministries.
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