The essence of a separation deed, or separation agreement is that the parties agree to live apart.  Other issues, such as maintenance, property and arrangements for the children of the family are commonly dealt with in the same document.

Separation Deeds are entered when the parties have not or do not want to issue Divorce Proceedings immediately but have agreed financial matters.

A Separation Deed will record how assets are being or going to be divided.  As it is a free standing agreement when Divorce Proceedings are issued, either party can ask the Court to consider financial matters, notwithstanding the existence of a Separation Deed.

The Court in such cases would have to determine whether the parties are bound by the Separation Deed, and the Court will consider various factors as to whether the agreement recorded in the Separation Deed should stand or not.  This is a very technical area of law upon which legal advice should be taken.