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.