This bill amends New Jersey's statute regarding palimony agreements by allowing such agreements to be made in writing without the requirement for advice of counsel. Previously, under P.L.2009, c.311, all palimony agreements were mandated to be in writing and made with the independent advice of counsel for both parties. The bill specifically removes the clause stating that a written promise is not binding unless it was made with the independent advice of counsel, thereby eliminating this requirement.
The motivation for this change stems from the New Jersey Supreme Court's ruling in *Moynihan v. Lynch*, which deemed the advice of counsel provision unconstitutional, citing it as an infringement on individual autonomy and an undue burden on those unable to afford legal counsel. This bill seeks to codify the court's decision and aligns with recommendations from the New Jersey Law Revision Commission, which highlighted the need to revise the statute to remove the mandatory attorney review provision. The bill is set to take effect immediately upon passage.