The terms and conditions in an agreement between parties before marriage to settle their dispute through arbitration only cannot stop either party to move their dispute in the Family Court which has jurisdiction to entertain and decide the matrimonial disputes under the Family Court Act.
The real intention that one can assume was that the parties wish to resolve their dispute amicably not entering into unnecessary litigation. Keeping this in mind you should understand that the Family Court is best forum to resolve the matrimonial dispute amicable as the attached Mediation & Conciliation Centre will be where parties will be sent by the Presiding Officer/Judge of the Family Court to settle their disputes amicable, enter in to agreement to either continue their marriage or dissolve it by mutual consent after resolving all issues like permanent alimony and maintenance, child custody and visitation, property distribution between both and any other issue that need to be resolved.
The Family Court presiding officer/judge too is assigned the pertinent job to work out the marriage differences of both parties in an amicable manner either in open court or in their chamber, so that is second avenue where the matter can be resolved if it fails in the Mediation centre by chance.
The out of court settlement of dispute can also be worked out by private Mediation and Conciliation Centre/Network by availing the services of experienced Family lawyers and counsellors. I’m member of one such Network and providing the conciliation services for Family Dispute matters.
You must avail the service of experienced lawyer who is dealing the Family Matters so that amicable settlement can be worked out and to avoid unnecessary litigation that is considered as birth right of most lawyers in litigation business.