Ex-Husband Is Delaying Property Settlement? Follow these Steps
Ex‑husband delaying property settlement? You may simply want to finalise the settlement and move on with your life, but your
November 18, 2025
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Property Settlement Lawyers in Sunshine Coast
Owning a home is a keystone of wealth…both financial affluence and emotional security.
- Suze Orman
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At Shanahan Family Law we understand how much time and effort has gone into building and acquiring assets.
Divorce and property settlement can sometimes be complex and confronting. Our lawyers near me can reduce those barriers by making a detailed assessment of each party’s financial position, and the length of the relationship in terms of contributions both financial as well as non-financial contributions like parenting and homemaking.
Family Lawyer sunshine Coast
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Dealing with a stressful family matter, whether it’s a recent separation, child custody dispute, property settlement, domestic violence, or filing for divorce, can feel overwhelming. You might be unsure of where to start or have concerns about upcoming court appearances. We’re here to support you through each step of the process.
Interested in chatting more about your family law application on the Sunshine Coast?
By agreement
Separated couples are not required to go through court proceedings. In fact, the preferred course of action is for both parties to reach a mutual agreement on how their assets will be divided through a financial agreement.
Financial agreements
While a settlement can be organised through an informal agreement, this is highly inadvisable, as informal agreements have no legal standing, even if they are set down in a signed and dated written document. Without the force of the law, any disputes that arise in the future will be challenging to resolve. A binding financial, legal agreement, on the other hand, provides a legally enforceable written agreement that can effectively protect the interests of each party.
Consent orders
Consent orders are another option for creating legally binding financial orders. Either spouse can apply to the court to have the financial terms they have agreed on be formalised by law. A consent order works differently to a binding financial agreement.
A financial agreement doesn’t need to be equitable to both parties. Provided you sought independent legal advice, you are free to enter into even grossly unbalanced financial arrangements. In contrast, a consent order requires that the agreement satisfy the family law act’s ‘just and equitable’ test.
This requirement for a just and equitable outcome is established in court proceedings through a four-step process.
To make legally binding financial agreements, each party must seek legal advice independently from family law solicitors that inform them of how the agreement will impact their rights and whether it is in their interests to enter into it.
Time limits under the family law act
There are strict legal time limits on when asset divisions must be finalised, though parties can reach a settlement at any time before the relationship
Property settlement should be made within:
- 2 years after the dissolution of de facto relationships;
- 12 months after the finalisation of a divorce.
For divorcing couples, this means any contributions made to the shared asset pool between separation and the finalisation of a divorce order will be taken into account when dividing assets.
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Meet The Owner
Luke Shanahan
Principal Solicitor
As principal solicitor of Shanahan Family Law in Maroochydore, Luke Shanahan is a reliable and experienced Sunshine Coast family law expert, offering compassionate support to people and families experiencing the most difficult circumstances through a divorce or separation. Whether you’re seeking help with child support, parenting matters, divorce, consent orders, financial agreements, domestic violence, joint applications for divorce, or the preparation of DIY affidavits and consent orders, Luke can help.
As sad as it is to see couples and families split, he feels privileged to be able to help his clients find a better life through their family law services. “I believe we all deserve a second chance at finding a better life, and if this is through a divorce, then we will do everything we can to ensure our client’s success through whatever means.”
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Navigate Your Asset with Confidence on the Sunshine Coast
The asset division during a separation or divorce can be overwhelming, leaving you unsure where you stand. Shanahan Family Law on the Sunshine Coast is here to guide you through the settlement process with clarity and confidence. Our seasoned experts will work with you to understand your unique situation, ensuring your rights are protected and you receive a fair and equitable distribution. Don’t let uncertainty take over your peace of mind. Contact us today to secure your financial independence and start the next chapter of your life on solid ground.
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