BAR REPORT - Nov. 29, 2021
State bar to argue before Court on palimony agreements this week. NJSBA seeks candidate to fill Nominating Committee seat. Young Lawyers Division shares updates, guidance with members.
November 29, 2021 at 08:00 AM
6 minute read
NJSBA headquarters, New Brunswick, NJ. Credit: Google
Capitol Report
NJSBA to argue enforceability, defenses and attorney review requirement of palimony agreements this week
Palimony agreements should be enforced despite the lack of attorney review when notarized and signed by the parties, the New Jersey State Bar Association (NJSBA) believes. It will argue this point, and for confirmation that promissory estoppel and partial performance remain valid defenses to defeat the statute of frauds when necessary to prevent an injustice, before the New Jersey Supreme Court. The Court will hear arguments in the matter of Moynihan v. Lynch today. The NJSBA's Family Law Section chair, Robin Bogan, will argue the matter on behalf of the NJSBA. Bogan, Brian M. Schwartz and Brian G. Paul authored the amicus curiae brief.
The NJSBA urged the Supreme Court to reverse the Appellate Division's ruling that reversed a decision that the palimony agreement in question fell within the statute of frauds, thus requiring that the agreement be in writing and entered into with advice of counsel. The latter requirement was added to the statute governing palimony agreements (N.J.S.A. 25:1-5) in 2010.
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