Is Your Ex-Husband or Ex-Wife Delaying Property Settlement?

There are various reasons why an ex-husband or ex-wife may delay property settlement. These may include trying to live rent-free in the family home, expecting that assets like the home may increase in value, or attempting to financially manipulate the situation to deprive the other party of financial autonomy. Some may delay to prevent a settlement entirely by waiting out the time limit to commence proceedings, or because they anticipate the other party is about to receive an inheritance. Others may try to sell or hide assets, or simply don’t consider it a priority.

A party may also delay the process by refusing to comply with their disclosure obligations under the Family Law Act. This can include not providing full or any financial disclosure. Disclosure is the process by which both parties exchange all relevant documents that support their financial position, enabling informed decisions and offers to be made regarding property settlement.

As of 10 June 2025, the obligation to provide timely, full, and frank disclosure is now embedded in the Family Law Act 1975, rather than just the Family Law Rules. This change gives legal weight to the obligation and aims to improve early compliance. A failure to disclose properly may result in Court orders, adverse inferences, or cost penalties.

Parties are also required to take genuine steps to resolve their matter before commencing Court proceedings, including exchanging relevant documents. This requirement is now more clearly articulated under the law, reinforcing the importance of genuine participation in dispute resolution.

Another tactic used to delay settlement involves stalling negotiations. This can include refusing to make or consider reasonable offers, or declining to attend mediation or a Conciliation Conference. These actions can create frustration, financial stress, and delay final resolution for both parties.

What Can I Do if My Ex Is Delaying Property Settlement?

If your ex-partner is deliberately delaying the property settlement process, you may wish to consider commencing Court proceedings. This can apply pressure and ensure that deadlines are imposed.

You may also apply for orders requiring your ex-partner to provide disclosure. Since 10 June 2025, the Courts have greater scope to enforce compliance with disclosure obligations and may make cost orders against a party who fails or refuses to comply, especially in cases involving financial abuse.

Applying for Property Settlement

For married couples, a property settlement application must be made within 12 months of the divorce becoming final. For de facto couples, the application must be made within 2 years of the date of separation.

Applications outside these timeframes can only proceed with the Court’s permission, and only in limited circumstances. Acting promptly is therefore essential to protect your entitlement.