However, a court finds that the terms agreed in your separation contract were in the best interests of the child at the time of performance of the contract. A separation agreement can often become a consent settlement later in the divorce process, drafting it correctly and then applying to the court, thus making it legally binding. In the event of a divorce, you and your spouse can sign an agreement that outlines how you want to handle things. The agreement is called a separation agreement. Sometimes the separation agreement is a binding contract between you and your spouse. Sometimes it is not binding until the judge approves it and includes it in the divorce decision. It all depends on what you and your spouse put into the separation agreement. It is highly advisable to get legal advice before signing one. .