Divorce Dex.com: Implied Contract

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Definition Implied Contract - an equitable remedy whereby a court will find that an implicit understanding exists between two parties has the force of an explicit written agreement.

Application in Divorce Implied contracts are understandings between two parties. When a court determines that an implied contract exists, it will do what is necessary to make certain that neither party unfairly benefits or suffers because of it.

In divorce actions, implied contracts between former spouses must be given careful consideration, particularly in the division of marital property, such as a business started by one partner before the marriage.

An implied contract is one inferred by the conduct of the parties. By their nature, implied contracts are not written down, and in fact, the terms and conditions of some implied contracts are valid although neither party expressed them words.

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