Try Mediation first before entering into Litigation.
Litigation is always available if Mediation is not successful for you but Litigation should not be your first option.
In the United States Mediation is an Alternative Method of Dispute Resolution. In Australia it is not an alternative but a Preferred Method of Dispute Resolution. I believe they have it right. Most judges will tell you that court is not the place for couples to work through a Divorce. Judges don’t want to make decisions that impact the lives of familities but if parents can’t agree, the judges are left with no other choice.
Mediation is a fraction of the cost of a Litigated Divorce. An attorney can only represent one party and not both parties where as a mediator acts as a third party neutral and can work with both parties to resolve all the issues that need to be addressed for the court to grant their divorce. You have he option of having an attorney review your agreement or even come to mediation with you if you feel they need to be there as your advisor.
I never encourage anyone to get divorced but if you find yourself in that situation, take the time to learn about all your options and explore mediation before litigation You and your kids will be glad you did.
Jeff Johnson of Johnson Mediation Johnson-Mediation.com