A marital separation agreement, also known as a property settlement agreement, or marital settlement agreement, is simply a written contract dividing your property, spelling out your rights, as well as settling problems such as alimony and custody. When executed and witnessed properly, it is an enforceable contract between the parties, but is not in itself an undertaking to become divorced. Most parties ultimately do file for divorce, at which time an Agreement would be "incorporated" into the eventual divorce judgment.