When a relationship ends, dividing assets and finalising financial matters can be one of the most stressful parts of separation. Property settlement is the process of deciding how assets, liabilities, and financial resources will be divided between separating partners. Unfortunately, some people find that their ex-partner delays or avoids this process, leaving them feeling stuck and uncertain about the future. So, what should you do if your ex is delaying property settlement?
Our divorce lawyers in Perth have put together their insights into what you could do if your ex is delaying property settlement. Understanding your rights, your options, and the steps you can take will help you move forward with confidence and protect your financial wellbeing.
My Ex Is Delaying Property Settlement: What Should I Do?
In Australia, property settlements after separation or divorce are governed by the Family Law Act 1975. These agreements can be reached through negotiation, mediation, or, if necessary, by applying to the Family Court. Ideally, both parties work together to reach a fair and reasonable outcome.
However, when one person delays or refuses to cooperate, it can create unnecessary stress and financial strain. Time limits also apply: in most cases, married couples must start property settlement proceedings within 12 months of their divorce being finalised, and de facto couples must do so within two years of separation. Acting early and getting legal advice ensures you don’t miss these key legal deadlines and that your rights are properly protected.
Reasons Your Ex Might Be Delaying Property Settlement
There are many reasons an ex-partner might delay the property settlement process. Some are strategic, while others are emotional or practical. Understanding the motivation behind the delay can help you decide how best to respond.
One common reason is emotional attachment. Your ex may simply not be ready to let go of the relationship or the shared home. Another reason is that it may be an attempt to gain financial advantage, such as by hiding assets, waiting for debts to be paid, or hoping your financial circumstances will change.
Delays may also occur if your ex doesn’t understand their legal obligations, believes they’re entitled to more than they are, or simply wants to make the process difficult out of spite. In some cases, poor communication, new relationships, or a lack of urgency can also play a part.
Whatever the reason, it’s important to stay calm, keep the process factual, and take steps to move things forward. A good divorce lawyer can help you identify whether your ex’s actions amount to unreasonable delay and provide guidance on the most effective way to respond.
Reasons Why Property Settlements Might Be Delayed
Not all delays are caused intentionally. Sometimes the process is simply complicated. Property settlements can take time due to the number and complexity of assets involved, disagreements about property values, or the need for formal valuations.
In some situations, one or both parties may need time to gather financial documents or seek independent advice before signing off on an agreement. Superannuation splitting, business ownership, and overseas assets can also slow things down, as they often require expert input from accountants, valuers, or financial planners.
The court system itself can contribute to delays, especially if the matter proceeds to litigation. Scheduling hearings, exchanging disclosure documents, and preparing affidavits all take time. While this can be frustrating, it’s crucial that all information is accurate and complete before any binding agreement or court order is made.
If the process feels like it’s dragging on unnecessarily, legal advice can help identify whether the delay is reasonable or whether action is needed to move things forward.
Get Legal Advice
If your ex is delaying property settlement, the first and most important step is to get legal advice as soon as possible. A family lawyer can explain your rights, assess your situation, and help you decide on the best strategy for achieving a resolution.
An experienced lawyer can also help you understand your legal options and prepare for the next steps if negotiations stall. They can draft formal correspondence to your ex or their lawyer, reminding them of deadlines or making formal offers to settle. Sometimes, having a lawyer involved is enough to prompt progress, as it signals you’re serious about finalising matters.
In some cases, legal advice can also uncover issues you may not have considered, such as hidden assets, incorrect valuations, or the risk of your ex incurring new debts that could affect your settlement.
At Hickman Family Lawyers, we help clients understand the process and take proactive steps to achieve a fair outcome. Delays can be stressful, but you don’t have to face them alone.
Keep A Record of All Communication
Keeping a detailed record of communication between you and your ex can be invaluable if you need to demonstrate a pattern of delay or uncooperative behaviour. Save copies of all emails, messages, letters, and notes from phone calls or meetings.
Good record-keeping helps establish a clear timeline of events and may serve as evidence if the matter goes to court. It can also protect you if your ex later disputes what was said or agreed upon.
In addition to documenting communication, make note of missed deadlines, cancelled appointments, or unfulfilled promises to provide information. These details can show the court that you’ve made genuine attempts to resolve matters and that the delay is not your fault.
If your ex’s communication becomes harassing or abusive, a lawyer can advise on whether you may also need protection through a restraining order or other legal measures.
Staying organised, factual, and professional in your communication will make it easier for your lawyer to advocate on your behalf and help keep the property settlement process moving forward.
Ensure All Assets Are Being Disclosed
Full financial disclosure is a legal requirement in property settlements. Each party must provide a complete picture of their financial situation, including bank accounts, property, vehicles, businesses, superannuation, debts, and liabilities.
If your ex is delaying property settlement, one possible reason could be that they’re failing to provide this disclosure or are hiding assets. This behaviour is taken very seriously by the court and can result in penalties or unfavourable outcomes for the non-disclosing party.
If you suspect that your ex isn’t being honest about their financial position, your lawyer can request specific documents or even apply for court orders to compel disclosure. This can include subpoenas for bank statements, tax returns, and other records.
Ensuring full and honest disclosure not only speeds up the process but also ensures a fair and accurate division of assets. A lawyer can help verify the information provided and work with financial professionals to trace hidden or undervalued assets.
Consider Family Mediation Before Heading To Court
Family mediation can be an effective way to resolve property settlement delays and disputes without going through the stress and cost of court proceedings. A neutral third-party mediator helps both sides communicate openly and work towards an agreement that’s fair and practical.
Mediation allows you to retain more control over the outcome and can be scheduled much sooner than a court hearing. It’s also generally less expensive and less adversarial, helping to preserve a more civil relationship, particularly important if you share children.
If your ex is reluctant to engage in mediation, your lawyer can send a formal invitation and explain the benefits of resolving matters outside of court. Sometimes, simply scheduling a mediation session can motivate the other party to act more cooperatively.
At Hickman Family Lawyers, we often help clients prepare for mediation by identifying key issues, gathering supporting evidence, and advising on what outcomes are realistic. While mediation doesn’t always lead to an agreement, it’s often a productive first step towards resolution.
If You Can’t Agree, File An Application With The Family Court
If all else fails and your ex continues to delay property settlement, you can apply to the Family Court of Western Australia to have the matter resolved by a judge. This step should be a last resort, but sometimes it’s necessary to protect your rights and bring closure.
When you file an application, the court will set out a formal timeline requiring both parties to disclose financial documents and attend procedural hearings. This process ensures progress is made and prevents further unnecessary delays.
While court proceedings can take several months, they provide structure and enforceable deadlines. In some cases, the court may issue interim orders to protect assets or ensure financial stability while the final outcome is being determined.
Having an experienced family lawyer represent you in court is essential. They’ll handle the paperwork, ensure your evidence is presented effectively, and advocate for a fair division of property based on your circumstances.
Taking this step can feel daunting, but it often brings relief and clarity after a long period of uncertainty.
Property settlement delays can be frustrating, but you don’t have to navigate them alone. The team at Hickman Family Lawyers are experienced divorce lawyers in Perth, helping clients resolve property settlement matters efficiently and fairly.
If your ex is delaying property settlement or you’re unsure what steps to take next, book a free 15-minute no-obligation information call today to discuss your situation and get the guidance you need to move forward with confidence.
