If, in the event of a divorce, one of you no longer wishes to be bound by the separation agreement, but the other person does, that person may make an application to the court for the other party to explain why an order should not be made in the terms of the agreement. Whether the court will uphold the agreement will depend on the factors detailed above, but it is for this reason also that you should not enter into a separation agreement unless you intend to be bound by the terms of that agreement.