For example, a separation without a break in body may be temporary, while a divorce is permanent. Some couples separate legally when process separations don`t work. This may be the last attempt to save their marriage. Separation agreements as an alternative to divorce or dissolution in Scotland Some jurisdictions do not allow you to stay in the same residence if you are legally separated. A model separation agreement contains many of the same details as a divorce agreement, for example. B custody of the children and the subsistence of the spouse. Once a divorce is concluded with the court (normally, when the court issues a divorce decree), the marriage ends. However, even if it is legally binding, you are legally married to a separation contract for marriage.