Nothing is more frustrating than finding that a client negotiated an insufficient or prejudiced agreement without the intervention of the lawyer. While you, the client, are free to do whatever you want and come up with any solution you wish, be warned that you might be on bad terms compared to what your lawyer may have negotiated for you or in relation to the results you received in court. Keep in mind that you may be stuck with any agreement you can freely make, whether it`s a good deal or a bad deal. In Canada, the terms “legal separation” or “judicial separation” are often used informally to describe a situation of de facto separation in which the couple has formalized certain agreements or entered into a contract. However, this situation differs from the particular legal form of legal/judicial separation, which exists only in certain jurisdictions and which requires the filing of courts. For example, in Canada, there is no separation without a legal separation, but the term “legal separation” has been widely used to describe the contract that was created between two spouses at the time of their separation. In the Philippines, separation can only be achieved by a valid judicial decree. In addition, applications for separation must not be considered “before the expiry of a six-month period from the filing of the petition.”  During this six-month “cooling down” period, spouses are encouraged to seek forgiveness. For some, reaching their 10th birthday is a monumental occasion, but it is also an important step if future benefits are compromised. In the decision to separate, the separation of benefits may remain intact.
For example, military spouses must remain married for a decade in order to enjoy the benefits of the Uniform Services Protection Act. Note that courts are rarely, if ever, upheld an agreement that attempts to enter into contracts outside a legal obligation. Child care, for example, is a positive, almost absolute obligation that a parent has towards his or her children. The court will not be bound by an agreement that a person will never have to pay child benefit. Unlike a conjugal agreement reached in the contemplation of marriage, a separation agreement focuses on the termination of the conjugal relationship. A separation agreement is used to resolve many of the issues that arise when a marriage is terminated, such as separation of the parties, support, distribution of property, custody of children, custody of children and visitation. Since separation agreements are essentially contracts and another status is not contrary to writing in a given jurisdiction, they do not need to be written, but given the circumstances under which they would likely develop, an oral separation agreement may not be worth the paper on which it is written! A separation agreement is only good if both spouses sign it. Seek advice from a lawyer before signing a separation agreement written by your spouse or lawyer.
Your spouse cannot force you to sign a separation agreement. If your spouse puts pressure on you to sign one, leave and talk with your own lawyer. Once all the obligations contained in the separation agreement have been fulfilled, a transformation decision can be made, leading to a final judgment on the divorce. It is customary to incorporate separation agreements into divorce decrees (or to “merge” either by reference or by explicitly setting their terms. The latter elevates the separation agreements, when it receives a binding language, to the status and enforceability of judgments. The separation agreement thus loses its separate contract status. See z.B Pauling v. Pauling, 837 p.2d 1073 (Wyo.
1992). The result of all this is that if there is a chance that you and your spouse will find yourself, and you want your separation agreement to survive your reconciliation, you must put a concept into your separation agreement.