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A separation agreement is not a legal requirement for getting divorced. In a legal separation proceeding, a court can decide matters such as child custody and support, alimony and property division.Generally, a separation does not legally end a marriage. You are not legally separated unless you have it. You and your spouse must voluntarily agree to all the terms of your separation agreement. A5. The law does not require the parties to execute a separation agreement. These instructions are not a complete statement of the law. They cover basic procedures for simple separation cases involving custody, parenting time, and child. Legal separation and dissolution of marriage are identical in all respects except that when the Judgment is issued, the parties still are married. Other terms: Sale of Property.