Your initial marriage separation agreement can be made outside of the court, but will likely need to be submitted to the court if you choose to go through with divorce proceedings. Depending on where you live, the marriage separation agreement may be merged with the final divorce decree; it then becomes a court order and is enforceable by the court. If you do not have it incorporated into your decree, it is treated as a contract. You will have to file a lawsuit if your ex-spouse does not comply with the terms of your agreement in this case.
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