Do you suspect that your ex partner is delaying property settlement? Your former partner may be stalling and not responding to requests on property settlement. They may not be contributing in making firm decisions on these matters. Furthermore, they may frequently fail to respond to you on time, or properly.
Are they emotionally blackmailing you? Have they refused to provide all information on assets, finances and liabilities? Or are they trying to hide assets or deliberately argue over the value of certain assets? These are all methods they may be employing in order to delay settlement.
Why Is My Ex Partner Delaying Property Settlements?
You may be asking yourself “why is my ex partner delaying property settlement?” Family law cases are always complex because unlike commercial and corporate law matters, family law matters are extremely personal. It involves your life changing forever. So if you think you ex partner is delaying property settlement, it may be because they are not ready to accept that the relationship is over.
In some cases, they may do so out of anger or frustration at the current scenario. Another plausible reason is because they simply do not want to give away their assets – which they expect is a natural step during the property settlement process.
Or maybe they are doing it for one of the following reasons:
- they anticipate that the value of an asset is about to increase;
- one party may be due to receive an inheritance
- they are trying to dispose of assets
If the ex is trying to dispute assets so as to avoid including them in the asset pool, you could be at a serious advantage. In any instance, it is never pleasant to deal with an ex partner who is delaying property settlement. You have made your decision to close this chapter of your life, and you wish to finalise property division as soon as possible so you can get closure and move on.
So, what can you do? Below we will explore some options you may have if you ex partner is delaying property settlement.
Ex Partner Delaying Property Settlement? Here’s What You Can Do
The important thing to note if you are experiencing this is that there are time limits that parties who are going though a divorce must keep in mind. For instance, in case of a divorce, the parties have 12 months form the date of divorce to finalise their property settlement.
In case of de facto separations, they have 24 months from the date of separation to finalise property settlement. Therefore if your ex partner is delaying property settlement proceedings, and you go over the time limit, it will be very inconvenient for both parties to then settle this.
Therefore, it is important to take the steps below to address the issues of ex husband or ex wife delaying financial settlement.
1) Communication with Your Ex Partner
Try to communicate with your ex-partner to understand the reasons for the delay and see if an agreement can be reached without legal intervention.
2) Write to Former Partner Seeking Full and Frank Disclosure
You may consider writing a formal letter to your ex partner asking for a full and frank disclosure of assets so you can commence property division proceedings. If they fail to respond to the letter, you can also make a court application to initiate court proceedings for seeking orders for full disclosure of assets and property pool.
While asking for full disclosure you must also mention a timeframe or a deadline before which they should provide the disclosure.
3) Mediation
You can engage a mediator to help facilitate discussions and negotiations between you and your ex-partner. This can be a more cost-effective and less adversarial option.
4) Seek Legal Advice
Consult with a family lawyer who specialises in property settlement matters. They can provide legal advice tailored to your situation.
5) File an Application
If all else fails and your ex partner is delaying property settlement, you can file an application with the Family Court or Federal Circuit Court of Australia for property settlement. Your lawyer can guide you through this process.
6) Court Orders
The court can issue orders to compel your ex-partner to comply with property settlement agreements. These orders may include the sale of assets, payment of funds, or transfer of property.
Lastly, if your ex-partner continues to delay after court orders are issued, you can seek enforcement orders from the court to ensure compliance.
Obtain Legal Advice from Sydney Family Lawyers
Seeking legal advice in such situations is extremely important. In fact, family lawyers recommend all parties to enter into binding financial agreements or BFAs so they can avoid such issues. They are well aware of what the Family Law Act states, and they can help with your property settlement altogether. A binding financial agreement outlines how division of assets will take place in the event of divorce or separation.
These are legally binding agreements that enable parties to protect their assets and secure their financial future following a divorce or separation. Each party must seek independent legal advice before entering into BFAs.
If you haven’t been able to enter into BFAs, try and commence proceedings for property settlement as early as possible. As we have discussed there is a property settlement time frame to keep in mind. If you delay the processes, you may not have enough time to finalise the settlement.
Does your ex delay property settlement? Contact our team and speak to our experienced family lawyers.
