In a legislative reverse of case law on the topic, the NJ legislature passed an amendment to R.S.25:1-5, stating that among the promises which are not binding unless in writing is “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.” In addition, the promise shall not be binding unless the writeen contract includes a statement: that it was made with independent advice of counsel for both parties, or that both parties are knowinly waiving the advice of counsel.
C. Megan Oltman, Esq.
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