At the trial, the plaintiff should be able to prove that there was a contract or agreement with his or her partner, based solely on his or her own testimony. The contract does not have to be in writing. In the major reported cases decided so far, the court most often relied on the testimony of the plaintiff and defendant. The fact that none of the plaintiffs were able to produce a written agreement as evidence that a contract existed did not prevent the court from finding that there was a contract between the partners.
The courts reviewing lawsuits for palimony have created some guidelines, but the factors necessary to prove a palimony case are still not completely clear. It is likely that, in cases with facts similar to those described above, the court may find an enforceable contract between the parties and allow an unmarried partner to recover money as compensation for the breach of contract that resulted when the relationship ended.