A separation agreement is a contract between the spouses at the time of separation settling issues like property division, allocation of debts, child custody, spousal support, visitation etc. Such agreement does not affect or change the legal status of marriage.
However, it is always advisable to go for a separation agreement to avoid future controversy over the said issues, which can be a bone of contention between the parties.
Some states or jurisdictions require that in such property settlement agreements signatures of the parties be made in presence of a notary public.
The stipulations in such separation agreement regarding child custody, spousal support and visitation are subject to scrutiny by courts. The courts do not hesitate to strike down any such clause that is burdensome or oppressive to any spouse.
Spouses can enter into a separation agreement either before or during a legal action for divorce.
A separation agreement does not set free either spouse to date with others outside the wedlock. Sex with a non-spouse before divorce is an act of adultery.
Courts usually incorporate the separation agreement in the judgment or decree of divorce. When the separation agreement thus becomes part and parcel of the judgment or decree, in case of breach or non-compliance it can be enforced through an action for contempt of court.
