Ex-Husband Delaying Property Settlement? What You Can Do to Keep Things Moving
Dividing property after a separation can be stressful at the best of times.
When an ex-husband or former partner drags their feet, unresolved property settlement can tie up your finances, delay closure, and make it harder to move on.
Australian family law gives couples a limited time to finalise property matters.
If you were married, you must start property settlement proceedings within 12 months of your divorce becoming final. De facto partners have two years from the date of separation.
For official timing rules, see the Family Court of Australia – Property & Money. Missing these deadlines means asking the court for special permission, and it is not guaranteed.
This article explains why a property settlement may be stalled, what a delayed process means under the Family Law Act 1975 and what you can do to protect your rights and reach a fair outcome.
Why Property Settlements Get Delayed
Lack of agreement
One of the biggest causes of delay is simply that you and your ex-partner disagree on how to divide the property pool.
Your spouse may believe they deserve a greater share because they contributed more financially or non-financially during the relationship, may not have provided full and frank disclosure of their finances or may refuse to engage in good-faith negotiations.
Financial benefit to your ex-husband
Some spouses see a financial benefit in delaying the settlement process.
They might be living in the family home rent-free, waiting for an asset or inheritance to increase in value, or hoping you will be liable for debts incurred after separation.
Because assets and liabilities are valued at the date of settlement, not at separation, delaying can shift the asset pool in their favour.
Learn more about valuation dates from the Australian Government Attorney-General’s Department.
Saving on legal costs
Another common reason for delaying a settlement is fear of legal fees.
Some couples assume that formal property settlement proceedings will be too expensive, so they put off finalising the marital pool.
Unfortunately, this leaves both parties exposed: assets may depreciate or debts may accumulate while you wait, and legal costs can increase if negotiations become protracted.
Emotional avoidance or strategic stalling
Separation is emotionally draining.
Your former spouse may simply be overwhelmed, or they may use delay as a negotiation tactic in the hope that you will accept a less favourable outcome.
Other tactics include:
- Ignoring contact: Dodging calls or rescheduling a meeting.
- Missing mortgage payments: Neglecting shared financial responsibilities to create pressure.
- Hiding or transferring assets or refusing to disclose full financial information, which breaches the duty of full and frank disclosure.
- Endless negotiations without reaching a conclusion.
- Unnecessary paperwork or changing terms to create administrative roadblocks.
If you recognise these behaviours, it’s important to act before you miss legal deadlines or your financial position worsens.
The Serious Consequences of Delay
Delays are not just frustrating – they can have profound consequences:
- Loss of legal rights: Missing the 12-month or two-year time limits means you must ask the court for permission to apply for a property settlement. Approval is not automatic.
- Court penalties: Courts can issue cost orders against a party who unreasonably stalls or withholds information. They may also draw adverse inferences when dividing property.
- Increased legal costs: Prolonged negotiations and repeated financial disclosure requests drive up expenses. Hidden assets or failure to disclose can result in additional court applications to obtain financial information.
- Financial uncertainty: When the asset pool remains undivided, neither party can plan their financial future. Mortgage payments, joint accounts, and other liabilities may go unpaid, affecting credit ratings and creating further stress.
What Has Changed Under the 2025 Reforms?
On 10 June 2025, amendments to the Family Law Act 1975 came into effect. These reforms clarify the property settlement process and introduce new protections for vulnerable parties.
Key changes include:
New element | What it means |
Just & equitable threshold | The court does not have to adjust property interests unless it is just and equitable to do so. This discourages unnecessary litigation. |
Codified four‑step approach | The Act sets out steps for determining a fair settlement: 1) identify each party’s legal and equitable rights in the property; 2) identify existing liabilities; 3) consider each party’s financial and non‑financial contributions; and 4) consider current and future circumstances. |
Family violence considerations | Courts must consider the impact of family violence on a party’s ability to make contributions and may adjust the outcome accordingly. |
Expanded list of circumstances | Instead of the previous s 75(2) factors, the court will consider a broader list of circumstances, including wastage, liabilities, and the need to provide suitable housing for children. |
Companion animals | Pets are now specifically recognised. Courts can make orders about the ownership of companion animals. |
Duty of disclosure | A new statutory duty requires parties (and their lawyers) to provide full financial disclosure, and practitioners must inform clients of the consequences of non‑compliance. |
An official summary is available from the Attorney-General’s Department. These reforms aim to make property settlement more predictable and to reduce the adversarial nature of proceedings.
How to Move Forward When Your Ex-Husband Is Delaying
1. Seek independent legal advice
Your first step should be to speak to an experienced family lawyer. A lawyer can explain your rights; help you understand the new legal framework and develop a strategy to protect your interests.
At Chatswood Family Lawyers, we offer personalised advice, cost-effective representation, and a network of allied professionals, including counsellors and valuers.
2. Gather and disclose financial documents
Ensure you have copies of bank statements, joint account records, mortgage documents, superannuation statements, and other relevant financial documents. In accordance with the duty of full financial disclosure, both parties are required to provide the necessary documents.
Prompt disclosure reduces the risk of accusations of hiding assets and helps achieve a fair settlement.
3. Set clear deadlines and negotiate in writing
It is often helpful to put deadlines for responses or offers in writing. Written communication creates a record and demonstrates to the court that you have made reasonable efforts to resolve the matter. If your ex-husband refuses to negotiate or misses deadlines, you may have stronger grounds to seek a court-ordered property settlement.
4. Explore mediation or other dispute-resolution options
Alternative dispute resolution methods, such as mediation or family dispute resolution, can be faster and less adversarial than court proceedings. Mediated agreements can be formalised through consent orders, which are legally binding and enforceable.
5. File an application if delays continue
If your ex continues to stall, you may need to apply to the Federal Circuit and Family Court of Australia for property orders. Filing an application stops the clock on the time limit and shows the court you are serious about progressing the matter.
Even after filing, parties can still negotiate a settlement; the court process simply provides structure and deadlines.
6. Consider going to court
When all else fails, court proceedings may be necessary. While litigation is more formal and time-consuming, the court can impose strict timelines, enforce the duty of disclosure, and penalise unreasonable delay.
Ex-Husband Delaying Property Settlement? Call Us
A delayed property settlement can feel like your life is on hold. But you do not have to navigate the process alone. Understanding why delays occur, the legal time frames and the recent changes to the Family Law Act gives you the knowledge to act decisively.
Chatswood Family Lawyers are property settlement lawyers in Sydney who have over 20 years of experience helping clients resolve complex matters efficiently and fairly. We are committed to providing personalised service, clear communication, and cost-effective solutions.
Whether your ex-husband is delaying negotiations, hiding assets, or simply unwilling to cooperate, we can help you take the next step toward a final settlement.
Ready to move forward? Contact us on (02) 9412 4500, email enquiries@chatswoodfamilylawyers.com.au, or submit an online enquiry for an obligation-free consultation. We help you with complex property division, distribution of assets, family law cases, divorce, and more.
If you have any questions, please contact us by phone, fill out our contact form, or visit our office, and we will respond as soon as possible.