A Separation Agreement can be signed at any time after the parties have physically separated (ceased to reside in the same residence).    A Separation Agreement signed immediately preceding separation will not automatically be void if the parties separate soon or if there is a valid reason the parties did not separate previously.

A Separation Agreement may be negotiated prior to the parties separating and signed the date one of the parties moves from the marital home.     A Property Settlement Agreement may be signed prior to the separation of the parties and incorporated into a Separation Agreement which is signed on or after the date of physical separation.