Oral palimony agreements may still be valid & binding

As yesterday’s post indicated, the NJ Supreme Court was scheduled to release its decision in the case of Maeker v. Ross today.  Just moments ago, the decision was released and it is a reasonable, logical and fair opinion.  While a more in-depth analysis will be forthcoming, the decision is god news for those individuals who may have been financially dependent on the other party and believed in the existence of an oral agreement to provide financial support or share in the value of assets acquired during the relationship.  The Supreme Court held:

“The 2010 Amendment to the Statute of Frauds, N.J.S.A. 25:1-5(h), does not render oral palimony agreements that predate it unenforceable because the Legislature did not intend the Amendment to apply retroactively.”

If you believe you entered into an oral palimony agreement prior to 2010 and now seek to enforce that agreement, contact The Durst Firm for assistance with your case.

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NJ Supreme Court to clarify the law on palimony

Palimony – financial support when the parties are not married – is an available claim under NJ law.  However, the right was greatly restricted by an amendment to the statute of frauds which required a written document or agreement in order to enforce or impose a palimony claim.  The amended statute went as far as to make this requirement “retroactive” to those relationships that pre-existed the new law.  By doing so, the legislature put the welfare of many NJ residents at risk.

A case before the Supreme Court is seeking to bring fairness and reasonableness to palimony claims for those relationships that pre-date the new law.  Stay tuned for a more in-depth discussion once the decision has been rendered.

A-1-13 Beverly Maeker v. William Ross (072185)
(Somerset County and Statewide)
Argued 3/4/14

Does the 2010 amendment to the Statute of Frauds, N.J.S.A. 25:1-5(h), which requires a writing memorializing palimony agreements and independent advice of counsel prior to executing such an agreement, apply to bar enforcement of oral agreements that existed before adoption of the amendment?

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NJ takes domestic violence seriously

Contrary to the impression one may get after reading the headlines regarding the Ray Rice situation (which took place in NJ), the law of NJ takes domestic violence seriously.  The NJ Assembly recently passed several pieces of legislation that serve to strengthen the existing domestic violence law.  Given the time it takes to author these bills and present them for consideration, it is likely that these proposals have been in the works prior to the release of the Ray Rice video.  As reported on NJ.com:

“The Assembly unanimously passed six bills yesterday to address domestic violence, including one that would allow victims to testify in court via video rather than in person.
The action came amid growing concern over domestic violence, which Assemblywoman Gabriela Mosquera, a Democrat from South Jersey, called a “growing epidemic.” She said her mother was a victim.
Of the six domestic-violence bills, two were advanced by committees earlier in the year, and four were considered by a committee last week, though they were scheduled before the Rice video was made public.
The other bills would:

  • Create a task force to review state law, practices and procedures concerning domestic violence;
  • Require some people convicted of domestic violence to undergo counseling;
  • Create a self-defense justification for victims of domestic violence accused of committing crimes;
  • Require police to look for domestic violence retraining orders on people who are arrested;
  • Permit victims to secure restraining orders against alleged attackers who are strangers or casual acquaintances.

The Assembly did not take up a bill intended to help victims of domestic violence get out of jail or prison for certain crimes they commit.”  www.nj.com  

 

 

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The Durst Firm presents “Divorce 101” on 920 AM The Voice

In an ongoing effort to provide relevant and helpful divorce and family law information to as many people in NJ as possible, The Durst Firm now hosts a weekly radio show on 920 The Voice.  Divorce 101, hosted by Sandy Durst, Esq., airs at 11:00am Saturday morning and all past episodes are available for download at www.920thevoice.com  In discussing the motivation for the shows, Mr. Durst stated “there is a great deal of information out there on divorce and family law. I wanted to provide an outlet for people to get useful advice from a reliable source.  The shows provide tips for people going through a divorce and topics for their consideration.  The shows are not legal advice and anyone facing a family law problem would be well served by consulting with an experienced family law attorney.”  Mr. Durst frequently has guests appear on the show.  Each guest brings a unique skill or perspective to the divorce process.

 

If you have topics you would like to see addressed on future shows, feel free to leave a comment on this post.  But please do not disclose ay confidential information and be aware that no attorney-client relationship is formed by reading this post, leaving a comment, or listening to Divorce 101.

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Is the spousal privilege about to end?

It has been long established in NJ that private communications between spouses are protected and a spouse cannot be compelled to disclose the subject of the communications – even if the subject is illegal activity. A new bill before the NJ legislature may end the privilege in certain circumstances. This could have a huge impact on couples and each spouse should keep this possible law in mind if and when they decide to “open up”.  http://www.njlawjournal.com/home/id=1202670608131?kw=Bill%20Would%20Create%20Crime-Fraud%20Exception%20to%20Spousal%20Privilege&et=editorial&bu=New%20Jersey%20Law%20Journal&cn=20140919&src=EMC-Email&pt=Daily%20News%20Alert&slreturn=20140819090151

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