If you cannot reach an agreement with your former spouse, you have the option of applying to the Family Law Courts for property orders. There are many reasons why you may not be able to reach an agreement, for example, if your former partner is being difficult or not disclosing assets you know exist.
Court proceedings can be an expensive exercise, and should only be considered as a last resort, but they are sometimes neccessary where negotiations have stalled. Your matter can, however, settle at any time through the Court process. The Family Court process also provides opportunities for structured negotiations between parties with a view to having the matter resolved. It is common for a settlement to be reached quite quickly once Court proceedings are issued which does help to keep legal costs as low as possible.
If however your matter does proceed to a Final Hearing then the Court will make a final decision as to how the marital assets are to be divided between the parties.