Allows written palimony agreements to be entered into without advice of counsel.

A1986

ASSEMBLY, No. 1986

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman ANNETTE QUIJANO

District 20 (Union)

SYNOPSIS

���� Allows written palimony agreements to be entered into
without advice of counsel.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act

concerning

palimony
and amending R.S.25:1-5.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1. R.S.25:1-5 is amended to
read as follows:

���� 25:1-5.� Promises or
agreements not binding unless in writing.� 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:

���� a.��� (Deleted by amendment,
P.L.1995, c.360.)

���� b.��� (Deleted by amendment,
P.L.1995, c.360.)

���� c.��� An agreement made upon
consideration of marriage entered into prior to the effective date of the
"Uniform Premarital Agreement Act," N.J.S.37:2-31 et seq.;

���� d.��� (Deleted by amendment,
P.L.1995, c.360.)

���� e.��� (Deleted by amendment,
P.L.1995, c.360.)

���� f.���� A contract, promise,
undertaking or commitment to loan money or to grant, extend or renew credit, in
an amount greater than $100,000, not primarily for personal, family or
household purposes, made by a person engaged in the business of lending or
arranging for the lending of money or extending credit.� For the purposes of
this subsection, a contract, promise, undertaking or commitment to loan money
shall include agreements to lease personal property if the lease is primarily a
method of financing the obtaining of the property;

���� g.��� An agreement by a
creditor to forbear from exercising remedies pursuant to a contract, promise,
undertaking or commitment which is subject to the provisions of subsection f.
of this section; or

���� 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.
]

(cf: P.L.2009, c.311 s.1)

���� 2. This act shall take effect
immediately.

STATEMENT

���� This bill would allow written
palimony agreements to be entered into without advice of counsel.

���� Pursuant to P.L.2009, c.311,
all palimony agreements must be in writing and made with the advice of counsel
for both parties.� The statute, set out in subsection h. of N.J.S.A.25:1-5,
defines palimony as �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.� In
Moynihan

v.
Lynch
, 250
N.J.
60 (2022) the New Jersey Supreme Court held
that the provision concerning the advice of counsel was unconstitutional. The
court found that the provision contravenes the substantive due process
guarantee of the New Jersey Constitution, as it interferes with an individual's
right of autonomy, singles out written palimony agreements from other
agreements, and unduly burdens those who cannot afford counsel. This bill would
codify the court�s decision in
Moynihan
.

���� The bill embodies a
recommendation by the New Jersey Law Revision Commission, �Final Report
Regarding New Jersey Statute of Frauds � Mandatory Attorney Review Provision in
N.J.S.25:1-5(h),� issued July 20, 2023.