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Moynihan v. Lynch

New Jersey Supreme Court

March 8, 2022

The New Jersey Supreme Court upheld the parties’ palimony agreement. Plaintiff and Defendant were involved in a long-term marital-style relationship. Anticipating the potential dissolution of that relationship, they signed and notarized a written agreement, without the assistance of counsel, that finalized the financial obligations each owed to the other. Plaintiff filed a complaint seeking enforcement of the agreement. Defendant asserted that the agreement was invalid and cited N.J.S.A. 25:1-5(h), which mandates that palimony agreements be reduced to writing and made with the independent advice of counsel. The Supreme Court upheld the written agreement, holding that the portion of N.J.S.A. 25:1-5(h), which imposes an attorney-review requirement to enforce a palimony agreement, contravenes Article I, Paragraph 1 of the New Jersey Constitution.

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