Ex-Husband Delaying Property Settlement Legal Guide

What To Do About Ex-Husband Delaying Property Settlement 

Your divorce is finalised. You’re ready to move forward. But your ex-husband won’t agree to the property settlement — and suddenly, what should have been a clean break becomes months of stalled negotiations, mounting legal bills, and sleepless nights wondering if you’ll ever see your fair share.

Property settlement delays are one of the most common sources of stress after separation, particularly when one partner uses delay tactics as a form of control. The good news? You have more options than you might think.

Must-Know Information

• Time limits matter: You have 12 months after your divorce is finalised (or 2 years from separation for de facto relationships) to apply for court orders
• Delays cost you money: The longer this drags on, the more you’ll pay in legal fees — and you might be liable for debts your ex accrues during the delay
• Courts can intervene: Judges have the power to compel disclosure, set deadlines, and impose costs orders on parties who deliberately obstruct the process
• You’re not powerless: Even if your ex refuses to engage, there are clear legal steps you can take to force progress

Why Ex-Husbands Delay Property Settlements

Understanding why your ex is stalling helps you respond strategically. Here are the most common reasons:

Financial Strategy

Some ex-partners genuinely believe that delaying will improve their financial position. In Townsville’s rising property market, wher edwelling values increased by 25% in 2024, an ex-husband might delay hoping the family home appreciates further before it’s sold. Or he might be waiting for a large debt to grow, knowing it will be shared between both parties until the settlement is finalised.

Control and Punishment

For some, delays aren’t about money. They’re about maintaining control or expressing resentment. If your ex is still living in the family home rent-free while refusing to agree on a buyout or sale, he’s got little incentive to move quickly. The delay itself becomes the weapon.

Hoping You’ll Give Up

This is perhaps the most calculated reason. Some ex-partners deliberately drag out negotiations, hoping you’ll become so financially or emotionally drained that you’ll accept less than your entitlement just to end the process. If you’re struggling to pay rent, cover legal fees, or juggle finances as a single parent, the pressure to “just settle” can be immense.

Hiding or Transferring Assets

In more serious cases, delays are used to conceal assets or transfer them out of reach. An ex might be undervaluing property, creating false debts, or moving money into family trusts. The longer the delay, the more time he has to hide what he doesn’t want included in the settlement.

Common Delay Tactics to Watch For

Your ex might be stalling if he’s:

• Ignoring emails, calls, or formal requests from your solicitor
• Refusing to attend mediation or cancelling at the last minute
• Failing to provide financial disclosure (bank statements, property valuations, superannuation details)
• Continually changing lawyers to “start fresh” with new legal advice
• Making unreasonable offers he knows you won’t accept, then claiming you’re being difficult
• Disputing professional valuations and demanding multiple re-assessments
• Missing mortgage payments on jointly-owned property (which affects your credit rating and refinancing options)

Each of these tactics has a legal counter-strategy. That’s where having an experienced property settlement lawyer becomes essential.

The Real Cost of Delays — Financial and Emotional

Let’s talk about what delays actually cost you.

Financial Impact

Every month of delay means:

• Additional legal fees as solicitors send follow-up letters, attend conferences, and file court applications
• Potential liability for debts your ex incurs (until the settlement is finalised, you’re technically still financially connected)
• Lost opportunities to invest your share or secure stable housing
• Possible negative impact on your credit rating if joint debts aren’t being managed
• Ongoing costs for property maintenance or insurance on assets you don’t fully control

Emotional Toll

Property settlement delays affect your mental health. You’re stuck in limbo, unable to plan your future, buy a new home, or feel truly separated from your former life. The uncertainty compounds the stress you’re already experiencing from the relationship breakdown.

Many people describe feeling “held hostage” by their ex’s refusal to engage. That’s exactly what it is — and it’s why courts have mechanisms to stop it.

Your Legal Options to Stop the Delay

Here’s what you can actually do:

Step 1: Formal Request for Disclosure

Under Australian family law, both parties must provide full and frank financial disclosure. If your ex won’t hand over documents voluntarily, your solicitor can send a formal notice requiring him to provide:

• Bank statements (typically 12 months)
• Superannuation statements
• Tax returns
• Property valuations
• Business financial statements
• Credit card and loan details

Give him 14 days to respond. If he doesn’t comply, you move to step 2.

Step 2: Apply for Court Orders Compelling Disclosure

The Federal Circuit and Family Court can issue orders forcing your ex to provide financial information. Failure to comply with a court order can result in penalties, including having to pay your legal costs.

This isn’t an empty threat. Courts routinely make costs orders against parties who deliberately obstruct the disclosure process.

Step 3: Mediation (If He’ll Engage)

If your ex is willing to attend, family dispute resolution can be the fastest path to settlement. A trained mediator helps you work through sticking points in a structured, neutral environment. Many property settlements are resolved in mediation within 1–3 sessions.

But here’s the catch: you can’t force someone to mediate productively. If your ex attends but refuses to make genuine offers or consider compromise, you’ll need to pursue court intervention.

Step 4: File Court Proceedings

When all else fails — or when you’re running up against time limits — filing an application with the court forces the matter forward. Once proceedings are initiated:

• The court sets timelines for disclosure and submissions
• Both parties must attend court events and comply with orders
• The judge can make interim orders to protect assets or provide temporary financial support
• If your ex continues to obstruct, the court can proceed in his absence or make costs orders against him

Filing doesn’t mean you’ll end up in a contested hearing. Most cases settle once court proceedings start because the consequences of non-compliance become real.

What About Time Limits?

This is critical. Under the Family Law Act 1975:

• For married couples: You must file for property settlement within 12 months of your divorce becoming final
• For de facto relationships: You must file within 2 years from your separation date

Miss these deadlines and you’ll need the court’s permission to proceed, which requires proving you’d suffer hardship otherwise. The court doesn’t grant extensions lightly.

Here’s the strategic issue: if you’re negotiating and your ex keeps stalling as the deadline approaches, you may need to file court proceedings simply to “stop the clock” and preserve your rights. You can continue negotiating while the case is filed.

Many divorce solicitors recommend not applying for your divorce until you’ve at least started property settlement discussions, because once the divorce is granted, the 12-month clock starts ticking.

How Do Courts Deal With Deliberate Delays?

Judges aren’t naive. They’ve seen every delay tactic imaginable, and they have broad powers to address unreasonable behaviour.

If the court finds your ex has been deliberately obstructing the process, it can:

• Order him to pay your legal costs (not just his own, but yours too)
• Make adverse inferences about hidden assets (essentially assuming he’s concealing money if he won’t provide proper disclosure)
• Proceed with the case in his absence if he refuses to participate
• Make property orders that disadvantage him if his conduct has caused you financial hardship
• Issue warrants for arrest in extreme cases of contempt of court

The court’s job is to ensure a just and equitable outcome. If one party is gaming the system, judges have the tools to address it.

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Protect Yourself Now — Speak With a Family Lawyer

If your ex is dragging his feet, waiting won’t improve the situation. The longer you delay taking action, the more it will cost you — both financially and emotionally.

An experienced family lawyer can review your situation, explain your options, and create a strategy to move things forward. Many firms offer fixed-fee initial consultations so you know exactly what it’ll cost to get advice.

At Townsville Family Lawyers, we’ve helped hundreds of clients resolve property settlement delays. We understand the frustration of dealing with an uncooperative ex-spouse, and we know how to apply the right pressure — whether that’s through formal disclosure requests, mediation, or court proceedings.

This article provides general information only and should not be relied upon as legal advice. Family law matters are complex and fact-specific. For advice tailored to your situation, please contact Townsville Family Lawyers to arrange a consultation.