What is marital separation by mutual agreement, contentious and legal?

Marital separation is the breakdown of coexistence, the cessation of life in common, but still maintaining the marriage bond so it means spouses can not contract a new marriage. 

Separation may be by mutual agreement or contentious, and this separation may be ordered following the established legal ways (according civil code and civil procedure law) or may be a just situation of separation.

Separation by mutual agreement: This is when there is agreement between the spouses in their separation and the measures to be taken. This separation can be agreed by the Judge, counsel of  the Administration of Justice (former court clerks) or by the notary under Articles 81 and 82 of the Civil Code.

If there are unemancipated minors or modified capacity judicially children, you can only get this separation with the intervention of the judge.

Contentious separation: This type of separation occurs at the initiative of one of the spouses and can only be decreed by the judge. There is no separation contentious declared by the Counsel adiministración of Justice or by a notary.

Legal separation: This separation is established by the court in a judgment, as well as agreed by the parties and is established by counsel for the administration of justice or  through public deed by the Notary Art 82 of the Civil Code.

Note: If there are no minor or modified ability children legally dependent on their parents, this separation by mutual agreement may agree with the counsel for the administration of justice or notary presenting the regulatory agreement, this assumption was introduced by Law 15 / 2015 of the Voluntary Jurisdiction 

Separating Fact: It is a factual situation of absence of conjugal life that has not been filed before the judge, or formalized before counsel for the administration of justice or raised to notarial deed.