Can My Spouse Delay a Divorce Property Settlement?

Working out a divorce property settlement when a relationship ends is one of the most important steps in getting your life back on track. It can feel overwhelming, especially when you’re already dealing with the emotional fallout of separation. Questions about who keeps the home, how the super is split, and when everything has to be finalised are very common.

At Joliman Lawyers, we know this chapter isn’t easy. But understanding how property settlements work under the Family Law Act 1975 (Cth) can give you clarity and confidence to take the next step. We’re here to walk alongside you.

What is a divorce property settlement?

A property settlement is the legal process of dividing your assets and debts after a marriage or de facto relationship ends. It includes more than just the family home; your entire asset pool is considered, such as:

• Real estate (home, farm, investment properties)
• Savings, shares and other investments
• Vehicles and personal property
• Superannuation
• Businesses or farming enterprises
• Mortgages, loans, credit cards and tax debts

Time limits are especially important because you only have a limited window to start court proceedings if negotiations break down.

What are the time limits you need to know?

There are strict deadlines, and missing them can affect your rights.

• If you are married, you have 12 months from the date your divorce is final to begin court proceedings for property settlement or spousal maintenance.
• If you are in a de facto relationship, you usually have up to 2 years from the date of separation.

You do not need to wait for your divorce to be final before sorting out property matters. It is often best to start soon after separation, as waiting can make things much more complicated.

Can my spouse legally delay a property settlement?

If your former partner is not responding to emails, holding back documents, or refusing to negotiate, it can be very frustrating. However, they cannot stop you from pursuing a property settlement.

Here’s what the law says:

1. They are required to provide full and frank financial disclosure. Refusal or evasion may negatively impact them in court.
2. If negotiations break down or deadlines are looming, you can apply to the Federal Circuit and Family Court of Australia to protect your legal rights.

Delays can make things more complicated, but they do not decide the final result. You still have legal options you can use.

Why delays in a property settlement can be harmful

Letting things drag on for months or years can cause real problems:

• Assets and debts can change dramatically. Property values go up and down, businesses grow or struggle, and new debts can be taken on. The court looks at the asset pool at the time of settlement, not the day you separated.
• New partners and new assets complicate things. If either of you starts a new relationship, has more children, or buys a new property, that can affect contributions and future-needs arguments.
• Evidence gets harder to find. Bank statements, valuations, and records become harder and more expensive to obtain over time.
• The stress continues. Not knowing your financial situation makes it hard to plan, borrow money, or move forward with your life.

For many people, the emotional strain of a long property dispute can be just as damaging as the financial impact.

Common signs your spouse is deliberately stalling property settlement

Not all delays are malicious. Sometimes, they happen because of avoidance, busyness or emotional overwhelm. But be cautious of deliberate tactics such as:

• Ignoring correspondence: not answering emails, calls or letters about settlement discussions.
• "Losing" or withholding information: refusing to provide full disclosure, such as business records, tax returns, or superannuation details
• Last-minute cancellations: repeatedly cancelling mediation or appointments at short notice
• Insisting "we'll sort it out after the divorce": delaying negotiations until close to the 12-month post-divorce deadline can create pressure and risk for you.
• Waiting for a windfall: a spouse expecting a bonus, compensation, or inheritance may try to delay it to make it harder to include it in the asset pool.

If any of this sounds familiar, it may be time to get legal advice and take action, rather than hoping things will work out on their own.

What you can do if your spouse is delaying property settlement

You don’t have to wait endlessly. Here’s how to take control:

1. Get early family law advice

Even if you want to keep things friendly, talking to a family lawyer early:

• Clarifies your likely range of entitlements
• Identifies any time limits you’re facing
• Helps you plan a sensible strategy rather than reacting to your ex’s behaviour

2. Put things in writing

Confirm proposals and key dates in writing. This:

• Shows the court you’ve been reasonable and proactive
• Helps keep negotiations focused
• Sets a paper trail if you later need to explain the delay

3. Push for disclosure

Your lawyer can send formal requests for financial documents and set clear deadlines. If your spouse refuses, you can raise it during negotiations or, if needed, in court.

4. Use negotiation and mediation

Many property settlements are resolved through:

• Lawyer-led negotiation, where your solicitors exchange offers
• Mediation, where an independent mediator helps you reach an agreement

Once you reach an agreement, you can make it official with consent orders filed with the court or a binding financial agreement. This gives you certainty and makes the agreement enforceable.

Agreements can be formalised by consent orders (filed with the court) or a binding financial agreement, giving both parties legal certainty.

5. Know when to apply to the Court

If delays continue and a limitation date is approaching, your lawyer may advise you to file an application in the Federal Circuit and Family Court of Australia. This doesn’t mean you’re “going to war”; many cases still settle after proceedings start. But filing:

• Stops the clock on time limits
• Puts the matter under a timetable controlled by the court, not your ex

In limited cases, you can ask to proceed out of time, but that’s not guaranteed and usually requires showing hardship and a good explanation for the delay.