There is a major difference between these two agreements. One is signed before the marriage and the other is signed after the marriage.
A prenuptial agreement usually occurs when one spouse has far more wealth and assets than their partner. The wealthy spouse does not wish to lose half or thereabouts of their assets should the marriage end in divorce.
A separation agreement is drawn up when a marriage has failed and the couple is considering filing for divorce. This agreement stipulates how the assets of the marriage will be divided and, if there is a child or children from the marriage, how such matters as child support and child custody will be decided.
In both the prenuptial agreement and the separation agreement, the court will need to approve such documents if the divorce occurs.
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