Marriage is a significant event in one’s life, and obtaining a marriage license is a crucial step towards making that commitment official. However, there are situations where couples may obtain a marriage license but never proceed with the actual ceremony or fail to turn in the license after the ceremony. This article will explore what happens in such cases in South Carolina, based on legal principles and practices.
Understanding the Purpose of a Marriage License
A marriage license is a legal document issued by a government authority that authorizes a couple to marry. It serves as evidence that the parties have met the legal requirements for marriage in their jurisdiction. Once obtained, the license must generally be returned to the issuing authority within a specified period after the wedding ceremony takes place. The purpose of this requirement is to ensure accurate record-keeping and to validate the marriage in the eyes of the law.
In South Carolina, like in most states, the process of obtaining a marriage license involves several steps. Couples typically need to appear together before a county probate judge or other authorized official, provide valid identification, and pay the required fee. They may also be required to take a premarital counseling course or wait a certain period after applying for the license before it can be used.
Consequences If the License Is Not Turned In
When a marriage license is not turned in, it essentially means that the marriage has not been officially recorded with the state. Here are some of the potential consequences:
No Legal Marriage Status
Without the proper filing of the marriage license, the couple is not legally married. This may seem obvious, but it has significant implications. For example, they will not have the legal rights and benefits that come with marriage, such as tax benefits, inheritance rights, and spousal privileges. They will also not be subject to the legal obligations of marriage, such as support and property division in the event of a separation or divorce.
Financial Implications
From a financial standpoint, not being legally married can affect various aspects of the couple’s lives. For instance, they may not be eligible for joint tax benefits, which could result in higher taxes. They may also face challenges in matters such as estate planning, as their assets and property may not automatically pass to the surviving spouse without a valid marriage. Additionally, if one partner needs access to the other’s medical information or makes medical decisions, they may encounter difficulties without the legal protections afforded to married couples.
Social and Emotional Impact
Beyond the legal and financial aspects, not turning in the marriage license can also have social and emotional consequences. The couple may feel a sense of uncertainty or insecurity about their relationship status, especially if they have been living together and presenting themselves as married. They may also face scrutiny or judgment from family, friends, and society at large.
Exceptions and Special Circumstances
There are some exceptions and special circumstances to consider when it comes to the failure to turn in a marriage license.
Lost or Misplaced License
If the marriage license is lost or misplaced after the ceremony, it is generally possible to correct the situation. The couple should contact the county probate court where the license was issued and explain the situation. They will typically be required to provide proof of the marriage, such as affidavits from witnesses or other documentation, and pay a fee for a certified copy of the license. Once the court verifies the validity of the marriage, it will issue a new certificate.
Extenuating Circumstances
In some cases, extenuating circumstances may prevent the couple from turning in the license on time. For example, if one of the partners becomes ill or dies shortly after the ceremony, it may not be possible to complete the filing process. In such situations, the surviving spouse or other interested parties can still seek to have the marriage recorded by providing appropriate documentation and explanation to the probate court.
Common Law Marriage
South Carolina does not recognize common law marriages that were created after January 1, 2005. However, for marriages that occurred before this date, there are certain requirements that must be met for a common law marriage to be valid. These include cohabitation, mutual agreement to be married, and public recognition of the relationship as a marriage. If a couple meets these criteria, they may be considered married even if they did not obtain a formal marriage license.
Steps to Rectify the Situation
If a couple realizes that they failed to turn in their marriage license, it is important to take prompt action to rectify the situation. Here are the general steps they should follow:
Contact the Probate Court
The first step is to contact the probate court in the county where the marriage took place. They can provide specific guidance on the process for filing a late marriage license and inform the couple of any required documentation and fees.
Gather Supporting Documentation
The couple should gather any supporting documentation that can prove the validity of their marriage. This may include witness statements, photographs from the ceremony, receipts for expenses related to the wedding, and any other relevant evidence.
Complete the Filing Process
Once they have gathered the necessary documentation, the couple should follow the instructions provided by the probate court to complete the filing process. This may involve submitting a written request, paying a fee, and appearing in court if necessary.
Update Personal Records
After the marriage license has been properly filed and the marriage is officially recorded, the couple should update their personal records accordingly. This includes changing their marital status on government documents, insurance policies, bank accounts, and other important records.
Prevention Tips
To avoid the complications associated with not turning in a marriage license, couples can take some simple steps:
Stay Organized
Keep all important documents related to the marriage license in a safe and easily accessible place. Make a checklist of all the tasks that need to be completed after the ceremony, including filing the license.
Set Reminders
Set reminders for key deadlines, such as the date by which the license must be returned to the probate court. This can help ensure that the filing process is not overlooked in the excitement and busyness of the post-wedding period.
Seek Professional Assistance
Consider hiring a wedding planner or an attorney who can help manage the details of the wedding and ensure that all legal requirements are met. They can provide valuable guidance and assistance throughout the process.
Conclusion
In conclusion, failing to turn in a marriage license in South Carolina can have significant legal, financial, and social consequences. Couples should understand the importance of completing this step and take prompt action if they find themselves in this situation. By following the proper procedures and taking preventive measures, they can ensure that their marriage is officially recognized and enjoy all the rights and benefits that come with it.
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