There doesn’t have to be a divorce action filed. Parties can simply enter into a marital separation agreement (binding court order) in which they each agree to do certain things. A judge doesn’t have to rule on the issues because they’re resolved (at least temporarily or until another event occurs, such as a divorce decree being entered), just enter the order. This is especially routine when both parties are represented by counsel. I doubt that Tiger’s lawyers, knowing Elin is from Sweden and has family there, didn’t get strict requirements of her with respect to where the kids can go and for how long. In this case, the parties have a pre-nuptial agreement, so that would be the jumping-off place in terms of their legal issues at this point. They don’t have to have a divorce action filed in order for each party to bind the other to specific actions or to do any of this.
No they don’t but you are also presuming an awful lot. To restrict the travel of your wife and children to visit their family in a prenup is not only outrageous but would make almost any sane person say wait a minute what’s going on here?
Perhaps you are one of those low life bottom feeder scumbags known as an attorney. Most people do not behave in their lives as you just described.
And if you think Tiger and Elin entered into a voluntary seperation agreement then I guess I can only suggest that you check your medication levels. I think you are more than a bit off