Couples preparing for divorce often use a separation agreement when they have already agreed on how to divide their marital property and custody of the children. If you need the court`s help to divide your relationship wealth, you must apply separately within 12 months of your divorce. The court may extend this period. A separation agreement is the best option for most people who have children or property together. You can conclude the agreement yourself, in writing or orally (it must be in writing if it contains information about your common property). It must contain the date on which you agreed to the separation. A separation agreement is an agreement made by a married couple, in partnership or de facto, who have decided to live separately. .