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.

Don't Forget to Visit Our Online Support Community

Questions & Answers
Helpful Tips & Facts
Additional Resources
The Discount Divorce Bookstore Discounts
Visit the Original Online Divorce Bookstore for quick and easy access to quality books, manuals, divorce forms, software and other divorce related products. The store delivers you these products in a confidential and secure fashion with excellent customer satisfaction. All of our products are in stock and are shipped to you within one business day of the order by U.S. Priority Mail. Help Us - Help You.

Browse the Store Categories...

Books We Publish Child Support Children and Divorce
Custody & Visitation Divorce (General) Do It Yourself Divorce
Domestic Abuse Friendly Divorce Grandparent’s Rights
Infidelity Mediation Men Only
Military Divorce Property and Financial Aspects Recovery From Divorce
Religion and Spirituality Saving Marriage Separation
Women Only
Find Divorce Professionals We have an ever-growing list of divorce professionals that contribute to DivorceDex.com. To view a list of professionals in your area, please select your state:
ALERT: If you are a divorce professional (attorney, mediator, counselor, financial planner, etc.) generating new clients by joining the directory is easy and free.

FastFacts
#900: The most important element of a parenting agreement is the inclusion of periodic evaluations due to changes in circumstances, such as remarriage, job loss, relocation, and illness.
FastFact Sponsor
Parenting Thru Divorce
Advertisement QdroDesk
QDRO Preparation - QdroDesk™ is an industry proven online service providing an instant, easy, accurate, and affordable method for obtaining Qualified Domestic Relations Orders (QDROs).
Advertisement 123DivorceMe
Online Divorce - With or without children, 123DivorceMe.com is the fastest, easiest, and most affordable way to file your own uncontested divorce.
Advertisement Parenting Through Divorce
Online Parenting Class - Avoid the hassle of completing the mandatory course by taking the "Positive Parenting Through Divorce" class online.