In the event of divorce, these agreements recognize the equity of both partners in the succession. Couples who agree on the terms of the divorce can delegate jurisdiction over the separation to the Delaware court by filing a separation agreement form. This is optional. Both parties must sign the separation contract in the presence of a notary. In this routine, both spouses decide on the division of their assets and liabilities. In the absence of a provision to the contrary in a separation agreement, an adverse change in the financial situation is not a valid defence against the specific performance of the agreement. “Dumel v. Dumel, Del. Ch., 213 A.2d 859 (1965). LEGAL SEPARATION: You and your spouse must be legally separated for 6 months before divorcing. .