Is your ex-husband delaying property settlement after separation? Delays in finalising property division can leave you in financial limbo, affecting mortgage payments, credit ratings and day-to-day stability.
It’s important to act promptly to protect your position. Experienced family lawyers can explain the legal steps available to progress negotiations, secure disclosure, protect assets and, if necessary, ask the court to impose timetables and make interim or final orders.
Please note: this is general information only and not legal advice — please contact VM Family Law for accurate, tailored advice. Our full contact details can be found here: https://www.vmfamilylaw.com.au/contact/
Understanding Property Settlement Delays in Queensland
In Queensland (and nationally), “property settlement” is the process of dividing the asset and liability pool after separation. This typically includes real property, vehicles, savings, superannuation interests, investments and all debts. The law aims for a just and equitable outcome having regard to contributions (financial and non-financial), post-separation contributions and future needs.
Delays can increase stress and cost. It is not uncommon for one party to slow or frustrate the process. Knowing the signs and your options helps you stay on track.
Common Delay Tactics Used by Ex-Husbands
Refusing or limiting disclosure: Not providing documents about income, assets, superannuation, trusts, companies or debts.
Prolonging negotiations: Rejecting reasonable proposals or making offers that ignore the agreed pool or valuation evidence.
Missing timetables: Ignoring agreed or court-ordered deadlines for disclosure, valuations, mediation or affidavits.
Dealing with assets: Transferring, disposing of or encumbering assets without consent.
If you encounter these behaviours, consider early, documented steps to prevent further delay.
Time Limits for Property Settlement in QLD
Married couples: An application for property settlement (and/or spousal maintenance) must generally be started within 12 months of the divorce becoming final.
De facto couples: An application must generally be started within 2 years of separation.
A late application requires the court’s permission, which is only granted in limited circumstances (for example, hardship). Acting within time helps avoid jurisdictional hurdles and evidentiary complications.
Why delays matter: Asset values and liabilities can move, records become harder to obtain, and ongoing disputes often increase legal cost and risk. Prompt action helps preserve the pool and clarity.
Warning Signs Your Ex-Husband Is Deliberately Delaying
Avoiding communication about valuations, disclosure or mediation.
Changing representatives repeatedly and using each change to reset progress.
Refusing mediation or failing to engage with pre-action procedures.
Unusual financial activity, such as unexplained withdrawals or transfers.
Early identification allows you to seek procedural directions, preservation orders, or other protective measures.
Immediate Steps if Ex-Husband Is Delaying Property Settlement
Gather and organise your documents: Bank statements, tax returns, super statements, title searches, loan statements, company/trust records you hold, and any relevant communications.
Formally request disclosure: Use a clear written request that mirrors the court’s disclosure categories. Keep a record of all requests and responses.
Keep a communication log: Dates, proposals, responses and missed deadlines help demonstrate the pattern of delay.
Arrange mediation / Family Dispute Resolution: A structured conference can narrow issues, agree on the pool, and settle or set a timetable for the remaining steps.
Legal Options and Remedies for Delays in Queensland
Start court proceedings: Filing an initiating application allows the court to set a timetable for disclosure, valuations, mediation and a final hearing if settlement isn’t reached.
Orders for disclosure: The court can compel production of documents and information (including third-party notices where appropriate).
Injunctions / asset preservation: To prevent disposal or dealing with assets, or to require assets to be kept available pending final orders.
Interim financial orders: Short-term arrangements (for example, for mortgage or necessary expenses) while the matter progresses.
Costs orders: If a party unreasonably delays or fails to comply with rules or orders, the court may order that party to pay some of the other side’s costs.
Listing for a final hearing: If settlement is not achievable, a trial date brings finality and removes incentives to delay.
Your lawyer can advise which combination of steps is proportionate and most likely to move your matter forward.
Talk to VM Family Law
If your ex-husband is delaying property settlement, we can help you:
Map the pool and the issues quickly and accurately.
Secure timely disclosure and obtain expert valuations where needed.
Protect assets with targeted injunctions or preservation orders.
Drive a clear timetable through mediation or court directions to reach a fair outcome as efficiently as possible.
FAQs
What is property settlement in Queensland?
It’s the legal resolution of how assets and debts are divided after separation, aiming for a just and equitable outcome based on contributions and future needs.
How long does property settlement take?
Timeframes vary with cooperation, the complexity of the pool, and whether disclosure and valuation issues are contested. Timetabled court proceedings and mediation often shorten delays.
What if my ex refuses to disclose financial information?
You can seek court orders compelling disclosure and, if needed, third-party production. Non-compliance risks adverse inferences and costs consequences.
Are there time limits for starting a claim?
Yes—generally 12 months after divorce becomes final for married couples and 2 years from separation for de facto couples. Late applications need the court’s permission.
Can I recover legal costs if my ex is causing delays?
Possibly. The court may order costs where a party fails to comply with rules, pre-action procedures or orders, or otherwise acts unreasonably.
What if assets are being hidden or disposed of?
Your lawyer can seek injunctions or preservation orders, disclosure orders, and directions to trace assets. Improper dealing can affect the overall outcome and costs.
Should I proceed without legal advice?
Delays, non-disclosure, valuation disputes and technical time limits make these matters risky to manage alone. Early legal advice helps protect your position and momentum.
Official Information Sources
Queensland Law Handbook – Property and Financial Orders: https://queenslandlawhandbook.org.au/
Federal Circuit and Family Court of Australia – Financial Cases, Duty of Disclosure & Court Process: https://www.fcfcoa.gov.au/
Legal Aid Queensland – Property Settlements After Separation: https://www.legalaid.qld.gov.au/
Queensland Government – Families and the Law (Separation & Money/Property): https://www.qld.gov.au/families/legal
Family Relationships – Family Dispute Resolution and Mediation: https://www.familyrelationships.gov.au/
Queensland Law Society – Find a Family Lawyer / Family Law Resources: https://www.qls.com.au/
