A marital separation agreement is used for couples who are anticipating a divorce, but who want to address specific legal issues during the separation period. A marital separation agreement, or separation agreement, covers the same issues as would be included within a divorce decree. Some of these issues can include child custody, child support, spousal support, child visitation and the division of marital assets. Most couples will determine and agree to the terms of this agreement independently or with the assistance of a mediator. In the event that a couple cannot agree to the separation terms, they will appear before a judge in the family court system who will render a legal decision. In the event that the couple cannot agree to terms as set out in the separation agreement, the judge will move forward to the divorce decree itself.