Hoboken Family Law Blog
In Hoboken a lot a people live together that are not married, and have no written agreement regarding their relationship. Ranging from craigslist strangers to long term couples with children that have lived together for years without getting married, to same sex partners that never got around to filing for a civil union. For many years, even without a written agreement, the courts would examine the relationship and take into account oral promises to support from one party to another.
This promise by one party to a relationship to provide support for the other party to the relationship, either during or after termination of the relationship, is now not binding unless it is in writing and signed by the party making the promise.
As of January 2010. N.J.S.A. 25:1-5 (h) immediately amended the Statute of Frauds to include a provision relating to personal relationships:
- N.J.S.A. 25:1-5. Promises or agreements not binding unless in writing. No action shall be brought upon any of the following agreements or promises, unless the agreement or promise, upon which such action shall be brought or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or by some other person thereunto by him lawfully authorized:
- …..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. For the purposes of this subsection, no such written promise is binding unless it was made with the independent advise of counsel for both parties.
Of course lawyers have a way of explaining how black is white, and up is down, but for now, be aware that if you living with someone and depend on them for support, be sure to try and get something in writing to protect your interest in case the relationship ends and you have no where to go.