Ex‑husband delaying property settlement? You may simply want to finalise the settlement and move on with your life, but your former partner may have other ideas and refuse to engage in the process, causing significant delays.
Is there anything you can do? In many cases, yes. There are legal options available to progress a settlement, even if the other party is being uncooperative. This page provides general information about how this could play out. It is not legal advice. You should obtain advice specific to your situation.
Key takeaways
Why ex-husband delaying property settlement (common tactics)
There are many reasons why ex-husband delaying property settlement. Some spouses are being tactical, while others are simply having an emotional reaction. Here are some of the more common circumstances.
Financial reasons
Access to assets. Some spouses want to keep enjoying access to assets such as the family home or a joint bank account.
Anticipation of a change in finances. They might delay a settlement in anticipation of their former partner receiving an inheritance or other financial benefit. Stalling the process may increase the chance that these assets are considered in the property pool, depending on the circumstances and the Court’s assessment.
Dissipate the asset pool. Delays can buy time for a spouse to waste funds or hide assets.
Apply pressure. One party may cause extended delays to frustrate or exhaust their former spouse and pressure them into accepting an unfair agreement.
Legal reasons
Manipulating deadlines. The Family Law Act 1975 (Cth) sets time limits for property settlement applications. Married couples generally have 12 months from the date of their divorce order. People in a de facto relationship generally have two years from the date of separation.
A party may try to ‘run down the clock’ and allow the deadline to expire, which can make it more difficult to pursue a property settlement. In some circumstances, the Court may grant leave to apply out of time, but this is not guaranteed and depends on the facts of the case.
Time to restructure. A party may be buying time to move funds or change business arrangements in an attempt to influence the outcome.
Emotional reasons
Controlling behaviour. A person may refuse to accept the finality of a separation. In retaliation, they may cause delays to continue affecting their former partner’s life.
Denial. One spouse may just not be prepared to move on. Causing delays allows them to avoid accepting the reality of the situation.
3 steps to consider when your ex will not settle
Here’s a simple four-step process to deal with spouses who are causing settlement delays.
Step one: Written proposal
Send your former partner a written proposal with a full disclosure of your financial resources. This usually includes all assets and liabilities, such as real estate, vehicles, savings, superannuation and debts including mortgage facilities. Request that they disclose financial information relevant to the settlement.
Lay out your proposed division. Outline the basis of your proposal with respect to contributions and future needs. Give them a reasonable timeframe, for example two to four weeks, to respond.
Step two: Dispute resolution
If your ex-partner refuses to respond to your proposal, the next step is usually dispute resolution. Send your spouse an invitation to attend mediation with a service you can both agree on.
It’s worth taking reasonable steps to try to resolve disagreements. Mediation services typically charge between $250 and $350 per hour, although fees vary. This is often significantly cheaper than court proceedings.
Step three: Initiating application
If mediation is unsuccessful, or your former partner refuses to participate, you may need to file an application for property orders in the Federal Circuit and Family Court of Australia. An application for property orders usually includes several documents, such as:
Financial statement. This is where you make a full and frank disclosure of your financial position.
Genuine steps certificate. This certificate confirms that you have complied with the pre‑action procedures required before starting court proceedings.
Once the initiating application and supporting documents are filed, they must be served on the other party in accordance with the Court rules.
From our clients
A great warm welcoming firm that were exceptionally professional in the introduction of my family case. I have faith in and really believe a result will finally be made for my family after a long 7 year wait of previous devastating failures.
I was very happy with my experience at Shanahan Family Law. Danyelle guided me through the property settlement and a satisfactory outcome was reached. This was achieved without going to mediation or court.
Testimonials are individual experiences only and do not guarantee similar outcomes. Any legal outcome will depend on your circumstances.
How we can help with property settlement delays
Deal with property settlement delays
If you are facing ongoing settlement delays, it is important to obtain timely legal advice. Our team can review your situation, explain your options and help you decide on the next steps.
