Ex-Husband Delaying Property Settlement Getting Legal Help

Why is My Ex-Husband Delaying Property Settlement 

Is your ex-husband delaying property settlement after your divorce? Many face this challenge, and the reasons behind these delays are varied and complex, often stemming from financial or emotional motives. 

Here are some of the most common reasons for your ex-husband delaying property settlement: 

• Financial Control: Your ex-husband may delay settlement to maintain control over shared assets, especially if property values are rising. This tactic may also be used to prolong access to joint financial accounts or delay spousal support obligations. 

• Emotional Factors: If your ex-husband is struggling with the finality of divorce, he might delay the settlement process to maintain a sense of control. Sometimes, lingering anger or unresolved issues lead to deliberate delays. 

• Legal Tactics: Your ex-husband delaying property settlement is also a negotiation strategy. Your ex may deliberately delay responding to correspondence or avoid attending legal proceedings to make the process more difficult, hoping this pressures you to accept less favourable terms. 

• Complex Asset Division: If the property settlement involves multiple real estate properties, business interests, or investment portfolios, the process may take longer. Your ex-husband might intentionally complicate proceedings by disputing asset valuations or attempting to hide financial resources. 

• Influence from Third Parties: Legal advisors, family members, or business partners may encourage your ex-husband to delay settlement to protect his financial position. This external influence makes the process even more complicated. 

Identifying the root causes of your ex-husband delaying property settlement helps you develop strategies to keep your settlement on track. Understanding the motivations behind these actions enables you to take decisive legal steps to prevent unnecessary financial and emotional strain. 

Establishing Time Limits for Property Settlement 

In Australia, property settlements should ideally be resolved within specific legal timeframes:  

If you were married, you must apply for property settlement within 12 months of your divorce being finalised. 

If you were in a de facto relationship, (a couple living together domestically without being legally married), the time limit is two years from the date of separation. 

Protecting your assets in the mean time 

Your ex-husband delaying property settlement also limits your ability to seek a fair division of assets. To protect your interests, consider taking the following steps: 

• Gather financial documents, because having access to bank statements, property valuations, tax records, and other relevant documents will help build a strong case in an equitable division of assets. 

• Seek advice from a family lawyer early in the process. This ensures that you understand your rights and that you want to develop a clear strategy to address delays. 

• Apply for mediation or arbitration, which are faster ways to negotiate resolutions. Mediation provides a structured environment to facilitate discussions in the presence of a third party. This allows you and your ex-husband to potentially reach an agreement without resorting to court proceedings. Arbitration makes agreements within closed doors legally binding and enforceable without a judge’s ruling. 

• Prepare for legal action. If your ex-husband refuses to engage in settlement discussions, legal action becomes necessary. This shows you are serious about reaching a resolution. 

Once legal action is taken, the process may still be drawn out. Delays occur due to non-compliance, disputes over valuations, or complex asset structures. While there’s no set maximum time to arrive at a settlement, unreasonable delays are penalised by the court, so it is best that you act promptly to avoid these problems. 

Finding Resolutions 

Reaching a settlement requires persistence and a well-structured approach. If direct negotiations fail, and you cannot agree on dividing finances and property, move forward with legal intervention. Obtaining financial and asset disclosures through the courts help prevent further delays. 

The court has mechanisms to compel your uncooperative ex-husband to participate in the settlement process. This ensures that all financial information is disclosed in a timely manner. 

If delays persist despite legal pressure, the court may issue penalties, including cost orders, to prevent deliberate stalling. In extreme cases, the court makes unilateral decisions about asset division so that your ex-husband does not unfairly put you at a disadvantage. 

Beyond the legal aspects, maintain your emotional and financial well-being during this process. Seek support from financial advisors or lawyers to help you stay focused and make informed decisions. Understand that delays are tactical and not a reflection of your legal standing. This empowers you to take action and move towards a fair resolution. 

Going Through the Legal Process 

Understanding how the legal system addresses property settlement delays will help you make better-informed decisions.  Navigating this process may feel unfamiliar, but understanding each stage ahead of time can make a meaningful difference. 

Step 1: File an application with the Federal Circuit and Family Court of Australia for property orders. This initiates the formal proceedings that compel both you and your husband to engage in the settlement process. This ensures that the division of assets is addressed in accordance with the law. 

Step 2: Engage in financial disclosure. This formal process allows both parties to request and exchange relevant information and documents, such as financial records, property valuations, and other supporting evidence. Your ex-husband delaying property settlement might be unresponsive to requests, provide incomplete information, or make unreasonable demands. Your lawyer can file an application to compel your ex-husband to comply, so you receive the necessary information to build your case. 

Step 3: Attend a Court-ordered conference or mediation. Even after filing with the court, the court often requires and encourages further attempts at mediation or conferences with a judicial officer. This provides another opportunity to reach a settlement. If your ex-husband continues to stall, the court can take note of this behaviour and potentially impose consequences. 

Step 4: Prepare for and attend a trial if necessary. If a settlement cannot be reached, the case will proceed to trial. Both sides will present their evidence, and a judge will decide regarding the property division. If your ex-husband is intent on delaying, he might try to introduce new information at the last minute or engage in other procedural manoeuvre to obstruct the proceedings.  

Step 5: Enforce the court’s orders. Once the court issues orders regarding the property settlement, you and your husband are legally obligated to comply. If your ex-husband refuses to transfer assets, sign documents, or otherwise adhere to the court’s decision, your lawyer can seek court intervention to enforce the orders. This may include contempt of court proceedings, which can carry significant penalties. 

Imposing penalties for delaying the settlement process 

If your ex-husband delaying property settlement also refuses to follow its terms, the court is authorised to impose several penalties for using delaying tactics. These penalties may include: 

• Cost orders: The court may order your ex-husband to pay your legal costs, which are often substantial. 

• Adverse cost orders: In more serious cases, the court is authorised to order your ex-husband to pay a greater portion of both parties’ legal costs. 

• Fines: The court may impose fines for non-compliance with court orders. Courts have the authority to impose these penalties to prevent your ex-husband from intentionally stalling the process. 

• Less favourable property division: In extreme cases, the court may make a ruling that is less favourable to your husband so that unjustified delays do not result in your financial harm. 

• Interest on delayed payments: If your ex-husband is ordered to pay the other a sum of money, interest may accrue on the outstanding amount. 

Moving Forward with the Next Steps 

Securing a fair property settlement is crucial for financial independence and peace of mind. Delays can be frustrating, but with the right legal strategy, they can be addressed effectively. 

If your ex-husband is delaying your property settlement, protect yourself by acting on it as soon as possible. Understanding your legal options and taking proactive steps, for example, ensures a fair and timely resolution. Seeking professional financial advice during this period also safeguards your financial future so you are prepared for post-settlement stability. 

Staying informed and documenting all interactions related to the settlement process serves as valuable evidence if court intervention becomes necessary. Contact a family lawyer to help you go through the settlement process.