This bill amends New Jersey's statute regarding palimony agreements by allowing such agreements to be made in writing without the requirement for independent legal counsel for both parties. Previously, under P.L.2009, c.311, all palimony agreements had to be executed with the advice of counsel, as stipulated in subsection h. of N.J.S.A.25:1-5. The bill removes the language that mandated this legal advice, thereby making it easier for individuals in non-marital personal relationships to enter into written agreements regarding support or other considerations without the burden of legal fees.
The change is in response to the New Jersey Supreme Court's ruling in Moynihan v. Lynch, which deemed the requirement for counsel unconstitutional, citing violations of substantive due process and individual autonomy. This bill codifies the court's decision and aligns with recommendations from the New Jersey Law Revision Commission, which sought to eliminate barriers for individuals who may not have the means to afford legal representation when entering into palimony agreements. The bill is set to take effect immediately upon passage.