No Palimony Unless
Agreement in Writing
In the case of Cavalli v. Arena,
the Cape May County Superior Court ruled that where parties to a relationship
which predates the amendments to the New Jersey statute of frauds requiring
palimony actions to be in writing files their claim after the date of
the amendment to the statute of frauds (January 2010), the statute still bars the palimony claim.
Effective
January of 2010 Legislature amended N JS A 25:1 – 5 was amended to provide as
follows:
No
action shall be brought upon any of the following agreements or promises,
unless the agreement or promise, upon which such action shall be brought or
some memorandum or note thereof,
shall be in writing, and signed by the party to be charged therewith, or by
some other person thereunto by him
lawfully authorized:…
h.
A promise by one party to a non-marital personal relationship to provide
support or other consideration for the other party, either during the course of
such relationship or after its termination. For the purposes of this
subsection, no such written promise is binding unless it was made with the
independent advice of counsel for both parties.
The law firm
of DeNoia & Tambasco, L.L.C. is experienced in family law, including
prosecution and defense, and palimony cases.
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