How to handle your ex delaying a property settlement

Property settlement is one of the most important parts of any separation or divorce. And it's hard to move on from a relationship without it. So delays from an ex can be frustrating, but they don't have to derail your separation completely.

There are things you can do to take control of the situation, and keep things moving forward.

Here's what to do if your ex is delaying reaching a property settlement.

Why is my ex-wife or ex-husband delaying a property settlement?

People might try to delay reaching a property settlement, for a number of reasons, and usually that revolves around getting more financial benefits for themselves, however, there are also other factors that might explain the delay.

Here are some reasons your ex might delay reaching a property settlement:

•    You disagree over the division of the assets.
•    They hope the delay might put them in a better negotiating position.
•    They aren't prepared emotionally.
•    They want to retain control of certain assets, such as the family home, where they can live rent-free until settlement. 
•    They're anticipating you receiving an inheritance or some other windfall, and they want it to form part of the marital pool.
•    They believe you're on good terms, that you won't need a court-ordered property settlement, and so don't think there's any rush.
•    They're incurring debts, and they want them to form part of the marital property, so you have to take on a share.
•    They're validly waiting for valuations on assets so they can disclose this to the courts.
•    They are using the process as systemic abuse.

How an ex-partner might delay property settlement

For a property settlement to happen, both parties have to do their part. Both are required to disclose all information relevant to their financial circumstances, including their income, assets, liabilities, and superannuation.

This is required by law (duty of disclosure) and it's also how a fair settlement is possible.

But if your ex is being obstructive, they might take steps to try to delay. Here's how they might do that.

Not engaging

One of the easiest ways of delaying is by simply not engaging or responding. Your ex may ignore communications, fail to provide financial disclosure, or to schedule meetings or push back mediation sessions, or they may simply refuse to consider or make offers.

Hiding assets

Hiding assets is illegal and can lead to stiff penalties. But unfortunately, people often think they can get away with doing this.

Missing mortgage payments

Missed mortgage payments can significantly delay settlement when the property needs to be sold. That's because it can cause issues for qualifying for financing if one partner wants to buy out the other.

Not giving full and frank disclosure

If your ex decides not to disclose all of their assets, despite the requirement for full and frank disclosure, this can make it difficult to get a real understanding of the property pool. And searching out the information you need, can significantly delay reaching a settlement.

Continuous negotiation

One of the ways that one person might delay a property settlement is by continually negotiating minor details in the settlement, or in the settlement documents if you have reached an agreement already.

This back and forth can drag out the timeline and can increase costs for both parties.

Filing unnecessary paperwork

Another way that someone can delay is by filing unnecessary applications, or by not filing documents when they are supposed to.

This can derail settlement discussions while you wait for those applications to be decided by the court, or for the court to make further directions about the filing of documents, which causes further delays.

Tips to achieve a timely property settlement

If your ex simply won't settle, there are a few things you can do to try and achieve a property settlement.

1. Try limited negotiations

Your first step is to try to negotiate with your ex, either directly or through your lawyer, but set strict deadlines for responses, or provision of documents that might be necessary to assist the negotiations.

This is the cheapest and best way to achieve a settlement. But if your ex is already being obstructive or unresponsive, this may not work.

2. Use mediation

Mediation is the next step, and if you can get your ex to attend, then a third party can help facilitate the negotiations to give you the best chance of reaching a fair agreement.

3. File an application with the court

If mediation doesn't work, or if your ex refuses to participate, then you can file a formal application to the Family Court to seek a property settlement.

4. Prepare to go to court

Once you file an application, you need to prepare for the first court hearing. Have all your documents in order, and a list of orders that you want the court to make (for example, for your ex to provide you with financial disclosure) and things should proceed smoothly.

Once your matter is in the court system, you can rely on the court's powers to enforce compliance with orders or obligations for disclosure. If your ex still does not comply, you can ask for the matter to proceed undefended.

5. Get help from a family lawyer

An expert family lawyer can help give you clear guidance and strategies to compel your ex to engage in settlement discussions or court proceedings so you can reach a property settlement and move forward with your life.

Dealing with delays in property settlement can be draining, both emotionally and financially. But you're not alone. There are clear steps you can use to move forward.

Charlotte Wilkin is a senior associate with Australian Family Lawyers. She graduated from the Juris Doctor at RMIT with Distinction before being admitted to practice. Having also completed a Bachelor of Psychology before undertaking her legal studies, Charlotte has a deep understanding of how family law matters impact mental health. Charlotte has practiced exclusively in family law and has worked both in Australia and the United Kingdom. She currently practices as an associate at the AFL Kordos Lawyers firm located in Melbourne.

Get stories like this in our newsletters.