Most divorces do not require the consent of the other party. The petitioner of divorce can act unilaterally, unless the divorce is based on 2 years separation with mutual agreement.
Both the partners have potential rights arising from the marriage, such as spousal maintenance (in addition to any child maintenance), transfer of property, or lump sum payments.
Custody issues are not covered by divorce, and any disputes concerning custody or contact are dealt with by separate proceedings under the Children Act 1989.
However, occupation orders, domestic restraint orders, freezing orders and disclosure orders may be part of divorce proceedings. Passport control orders can be part of either divorce proceedings or Children Act proceedings.
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