Thursday, May 10, 2012

No Writing--No Palimony

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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