Arguments began recently in Moynihan v. Lynch, an eagerly anticipated N.J. Supreme Court case that tests a 2010 amendment to the state’s Statute of Frauds requiring palimony agreements to be put in writing and for parties to consult with independent counsel prior to signing. 

The palimony agreement in Moynihan v. Lynch was written and notarized, but at issue is the waiving of legal review by both parties in response, at least partly, to a promise by the defendant that he would make good on the contract because “he’s a man of his word.” The defendant later admitted that he never planned to live up to his promise, which had included providing his partner with a mortgage-free home and $100K.

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