About the Author
Alex Bourne
Published on November 27, 2024
Divorce is never easy, and the process of dividing assets can be particularly challenging. Delays in a property settlement caused by an ex-husband or ex-wife is a common issue that many people face. This can be frustrating, stressful and financially damaging.
As time passes, you may begin to worry. What if your former partner hides assets? What happens if your shared properties’ value changes significantly? What if you miss important legal deadlines? Your emotional health and financial security may suffer as a result of this uncertainty.
At Unified Lawyers property settlement lawyers Sydney, we can help support you during these difficult times. In this guide we will explore why this might happen, and the legal steps you can put in place to protect your assets in the states of New South Wales, Queensland and Victoria.
With the right approach and professional guidance from our experienced lawyers, you can achieve a fair property settlement and claim what you rightly deserve.
The Legal Implications and Framework of Property Settlement
The Family Law Act of 1975 governs property settlement in Australia following separation. All states and territories including Victoria (VIC), Queensland (QLD), and New South Wales (NSW), are subject to this federal statute. The only State which has opted out of the Family Law Act 1975 (Cth) is Western Australia, who operates differently to the rest of Australia.
In NSW, QLD and VIC the process for property settlement is the same including :
Identify and value all assets, liabilities and financial resources
Consider the contributions made by each party (financially and non financially)
Assess the future needs of each party
Determine a fair and equitable division of property
It’s very important to note that in Australia, there’s no automatic 50-50 split of assets. Instead, the court consider various factors to determine what is fair in each unique situation
Why Your Ex-Partner Might Delay Property Settlement
Your ex-partner may be putting off the property settlement process for a number of reasons that might be delaying it :
Emotional Reasons : Using delays as a means of control or punishment, and not being ready to accept the end of a relationship
Financial Strategy : Before settlement your ex may be trying to better their financial situation, conceal assets or waiting for property prices to change.
Lack of Comprehension : Delays can occasionally arise from a single party’s side, due to not understanding the process or their legal obligations
New Relationships : Your ex might be reluctant to complete the settlement if they have a new de facto partner, because they are worried about how it would impact their new relationship or financial status.
Conflict Over Asset Values : Delay in achieving a settlement may result from disagreements on the worth of specific assets.
Steps You Can Take if Your Ex is Delaying Property Settlement
Here are some actions you can take if your property settlement is taking longer than expected :
Step 1
Seek legal counsel: Speak with our experienced property settlement lawyers Sydney or one of our lawyers in your local area.
We can advise you on the best strategy to push your case forward and to deal with delay tactics.
Step 2
Try mediation: try to settle the dispute through mediation before going to court.
You will get more out of a Mediation when you have had the support of an experienced family law solicitor in preparing for the Mediation.
They can help minimise the issues to be addressed at Mediation to give you the best chance of reaching a final result!
Step 3
Apply for court orders : If mediation fails you can apply to the Family Court for property orders.
This can include an order to force the sale of the jointly owned property.
Step 4
Consider interim orders : In some cases you might be able to apply for interim orders to address immediate/urgent financial needs while waiting for financial settlement.
Step 5
Document everything : Keep detailed records of all communications and financial transactions. This can be crucial evidence if you need to go to court.
Step 6
Time limitations : Be aware of time limits, in Australia you generally have 12 months from the date of your divorce to apply for property orders.
For de-facto relationships, it’s two years from the date of separation.
What Happens if My Ex Partner Does Not Accept Proposed Property Settlement?
If your ex-husband or ex-wife doesn’t accept a proposed property settlement, you have several options :
Proceed with Negotiations : Try to understand their concerns and see if you can reach a compromise.
Attend Mediation : An impartial third party can assist in facilitating discussion and the possibility of achieving an agreement.
Apply to the Court : You can request property order from the Family Court if you are unable to come to an agreement. The court will then decide on a fair division of assets.
Common FAQ’s
What to do if My Ex-partner is Ignoring a Court Order to Settle the Property ?
If your ex is ignoring a court order to sell the house, you’re dealing with a serious issue. Ignoring a court order is a contempt of court and can have severe consequences. Here’s what you can do :
File a Contravention Application : This informs the court that your ex has not complied with the order.
Seek enforcement Orders : The court can issue additional orders to enforce the sale, such as appointing a trustee to handle the sale.
Request Penalties : The court can impose fines or even imprisonment for contempt of court
How do I Force a Property Settlement?
While forcing a settlement isn’t ideal, there are legal avenues to move the process forward
Apply for court orders : If negotiations and mediation fail you can apply to the Family Court for property orders
Consider seeking urgent interim court orders : In some cases, you might be able to get orders for a partial settlement or spousal maintenance to address immediate needs.
What is the time limit for property settlement after divorce in Australia?
In NSW QLD and VIC, the time limit for property settlement after divorce is governed by federal law under the Family Law Act 1975, which applies across all Australian states. The key points regarding the time limits are
For married couples : Property settlement must be initiated within 12 months of the divorce being finalised. Our best divorce lawyers Melbourne can help you during every step of the way.
For de facto couples : Property settlement must be initiated within 2 years from the date of separation
If either party wishes to commence proceedings after the time limits has expired they would need to seek permission from the court known as “leave” which can only be granted in certain circumstances, such as hardship.
How Unified Lawyers Can Help You with Your Property Settlement
Property settlement can be complex and stressful, especially when faced with delays or uncooperative ex partners. At Unified Lawyers, we specialise in family law matters including property settlements.
Our experienced property settlement lawyers in Sydney are here to guide you through every step of the process
We can help you :
Understand your rights and obligations
Negotiate with your ex-partner
Represent you in mediation
Apply for necessary court orders
Enforce existing orders
If you’re struggling with a delayed property settlement or any other family law matter, we’re here to provide you with expert advice and support.
Contact Unified Lawyers today for a free consultation. You can book by calling us on 1300 264 825 or using the booking button online.
Published on November 27, 2024
