Whether you’re divorcing or ending a de facto relationships, initiating the property settlement process is essential. However, if your ex-husband delaying property settlement, it can lead to increased costs and prolonged stress. By seeking the right advice and making reasonable settlement offers, you can expedite property settlement applications and secure a fair resolution.
Key points
Why is my ex-husband delaying the property settlement process?
Emotional reasons. Finalising property matters, including property settlements and the settlement process, can mark the end of a relationship. Some spouses may avoid making decisions to delay facing the reality of the situation.
Malice. Spouses sometimes want to harm their former partner by complicating the legal process, particularly in property settlement and the settlement process. These delay tactics can lead to significant financial hardship.
Desire to reconcile. A former partner may think there’s a chance to get back together. Delaying the property settlement may be used by the other party, whether in a marriage, as an opportunity to reconnect. However, it’s important to seek legal advice and understand your rights under the Family Law Act, including how non-financial contributions may be considered in the settlement process.
Future assets or liabilities. If you’re about to inherit something, your spouse may delay the property settlement proceedings, so the inheritance is included in the marital pool.
Delaying property settlement could also give the other party, whether in a marriage, time to incur additional debt they intend to include in the settlement. This delay can also lead to issues such as missing mortgage payments, further complicating the financial situation and the overall resolution process.
How can a property settlement be delayed?
Spouses can delay settlements in many ways.
Refusing disclosure. The Family Law Act requires full disclosure during property settlement. However, parties may delay property settlement by dragging out their full financial disclosure. Obtaining proper disclosure can take significant time and result in higher legal costs.
Hiding assets. Hiding assets during the property settlement can result in significant penalties through the Family Court. However, some parties may try their luck, delaying property settlement and causing problems in various ways to manipulate the process.
An ex-husband or ex-partner may attempt to transfer assets to a third party to prevent them from being included in the property settlement. Such actions can lead to significant legal complications and delays, making it essential to address these issues promptly. Ensuring that the settlement is completed promptly helps to minimise the risk of further disputes and complications.
Cryptocurrencies are an unregulated asset, making them a potential tool for an ex-wife or ex-husband to stash wealth that can’t be easily traced. This lack of frank disclosure can hinder efforts to resolve disputes and delay reaching a final settlement. If hidden assets are suspected, legal action may be necessary to uncover them and ensure a fair resolution.
An asset pool may include collectibles and rare artwork, which require accurate valuation to avoid complications in family law matters. If an ex-partner undervalues these assets, it can delay the property settlement process and create further disputes. Seeking expert legal advice and legal support is crucial to ensure all assets are properly assessed and the settlement is handled efficiently.
A party may delay the payment of bonuses until after the settlement is finalised, creating financial uncertainty and potentially impacting mortgage payments on the family home. Such tactics can complicate reaching a reasonable settlement offer and prolong the resolution process, causing unnecessary stress and financial strain.
Drag out negotiations. An ex-partner can use negotiations during the property settlement to cause problems. By picking at every little detail, they can intentionally prolong property settlements, making the process lengthy and costly. This tactic often benefits the ex-partner with greater financial resources, further disadvantaging the other party.
Managing delays
It can be frustrating to deal with an obstructive party during property settlements, whether in a marriage or de facto relationship. If you’re facing delays in the property settlement process, seeking assistance through the Family Court may be necessary to ensure the process progresses efficiently. An experienced family lawyer can help you secure property settlement orders that are legally binding and take into account financial contributions from both parties, providing a fair and final resolution.
An experienced family lawyer can help you secure property settlement orders that are legally binding and ensure a fair financial settlement. They can assist in addressing issues where an ex-partner may attempt to manipulate the property pool or delay disclosing financial information, which can lead to a delayed property settlement and increased legal costs. By providing expert guidance, they help navigate the complexities of the process and achieve a resolution that reflects both parties’ financial contributions.
Step one: Negotiate
Don’t jump to conclusions—delays in the property settlement process may not always stem from malicious intent. One party may feel the asset pool or other aspects of the property settlement require further discussion. It’s important to negotiate with a clear deadline when addressing the division of assets, including the family home.
If an agreement cannot be reached by a certain date, proceed to the next step in the property settlement process. Ensuring that your financial situation is well-documented with detailed records will streamline legal procedures and support a fair resolution.
Step two: Prepare for court
You may find that negotiation is getting nowhere, particularly if your ex-partner is unwilling to cooperate or refuses to disclose financial information. In such cases, it may be necessary to turn to the Court to help reduce delays, ensure the property pool is accurately assessed, and secure a fair financial settlement.
Court proceedings require adherence to pre-action procedures, which include notifying your ex of your intention to apply for a property order. This process may involve legal costs and typically includes:
Identify the issues in dispute to address potential property settlement delays. Clearly understanding and documenting these issues is essential for resolving conflicts efficiently and avoiding prolonged negotiations.
State the orders you’re seeking to clarify your position and work towards a fair settlement. Clearly outlining your desired outcomes can help streamline the process and ensure all parties understand the terms being proposed.
Make a genuine offer to settle the dispute, and consider seeking legal advice to ensure your proposal is reasonable and aligned with your rights. Professional guidance can help you present an offer that fosters resolution and avoids unnecessary complications.
Ask for a response within 14 days of notification, as this timeframe is standard practice under family law procedures. Setting a clear deadline helps maintain momentum in resolving disputes efficiently.
Step three: Dispute resolution
See if your ex-husband or the other party will agree to mediate to resolve the property settlement within a reasonable time frame and avoid court proceedings. Mediation can help streamline the process and reach an amicable agreement without unnecessary delays. The 14-day mediation period includes the disclosure of necessary financial documents, which are crucial for a transparent financial settlement. After dispute resolution, you will receive a Genuine Steps certificate.
However, even with mediation, you may not reach an agreement. In that case, consult a family lawyer to proceed with step four and consider taking the matter to court proceedings for a final resolution.
Step four: Initiate court proceedings and seek legal advice
File an initiating application to address property settlements, whether in a marriage or a de facto relationship. Seek legal advice from a family lawyer if you haven’t already, as they can help ensure you’ve complied with all pre-action procedures. The Court can intervene to address property settlement delays if your spouse refuses to cooperate within the agreed property settlement time frame. A neutral third party, such as a mediator, may also be appointed to facilitate discussions and help move the process forward efficiently.
If your ex-partner fails to comply with your notification, they may be held liable for your legal costs. Their refusal to provide full and frank disclosure, as required under the legal framework of family law, could also negatively impact the division of property, leading to an outcome less favourable to them.
End
Parties, including ex-husband or ex-partner, can delay property settlements for various reasons, but such delays cannot go on indefinitely. Financial disclosure is a key requirement in the property settlement process, and failing to comply can have serious consequences.
If negotiation fails to achieve a financial settlement, initiating court proceedings may be necessary to secure a resolution. Seeking legal advice from an expert family lawyer can help guide you through the process, ensuring a fair division of assets and that your legal rights are fully protected.
For a persons first time Luke and his team made my experience very easy and helpful, couldn’t be happier. Thanks team Shanahan.
– Cameron Boyce
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