Is your Ex Husband/Wife delaying Property Settlement?

There are various reasons why an ex husband/wife may wish to delay property settlement, including:

To live rent-free in the family home;
An expectation that various assets, such as the family home, may increase in value (therefore increasing the property pool);
For financial manipulation or to deprive the other party of their financial autonomy;
To try to prevent property settlement entirely by waiting out the time limit to commence proceedings;
If one party expects that the other party is about to receive an inheritance;
To sell or hide assets; or
Because they simply do not consider it to be a priority.

A party may delay property settlement by refusing to comply with their disclosure obligations under the Family Law Act, either by not providing full or any disclosure.

Disclosure is the process whereby parties exchange all relevant documents in support of their financial position so that they can each make informed decisions and offers in relation to property settlement.

The Family Law Act requires the parties to provide ‘timely’, ‘full’ and ‘frank’ disclosure of their direct and indirect financial circumstances.

Parties are required to take ‘genuine steps’ to resolve their matter before commencing Court proceedings, which includes exchanging relevant documents.

A party may also delay property settlement by stalling negotiations or by not making genuine attempts to reach a settlement.

For example, a party may refuse to:

Make or consider fair offers; or
Attend mediation or a Conciliation Conference.

What can I do if my ex Husband/Wife is delaying Property Settlement?

If your ex husband/wife is delaying property settlement, you may wish to consider commencing court proceedings.

Seeking an order for disclosure if your ex husband/wife is refusing to provide full disclosure.
The Judge or Registrar may make orders against your ex-partner, including for your costs, if they refuse or fail to comply with orders including orders for disclosure.

Applying for Property Settlement

A married couple must apply for a property settlement within 12 months of a divorce becoming final, whereas a de facto couple must apply within 2 years of separation, subject to the Court allowing an extension of time in limited circumstances.