Palimony agreement must be in writing

‘PEN PALIMONY’ LAW NOT RETROACTIVE, COURTS SAYS

The N.J. Journal reports:

A 2010 law requiring palimony agreements to be in writing to be enforceable applies only prospectively, a state appeals court ruled Thursday, resolving conflicting trial court decisions. Nothing in the plain language or legislative history of the amendment to the Statute of Frauds suggests an intent to apply it retroactively, the court said in Botis v. Estate of Kudrick, A-5562-09. The amendment was intended to reverse court rulings giving broader recognition to palimony agreements. Legislative amendments that cure statutory irregularities are often given retroactive application, but “[a] new statute will not be deemed ‘curative’ simply because the legislative history of that statute reflects disapproval of a contractual provision previously found permissible by our courts based upon common law contract principles,” the court said.

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About Lawrence "Larry" Berezin

I retired from the private practice of law after a 35-year legal career and fight parking tickets for people like you and me. I love sharing valuable information, tips and tricks to help drivers beat NYC parking tickets.

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