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: 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
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Refusing or limiting disclosure: Not providing documents about income, assets, superannuation, trusts, companies or debts.
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Prolonging negotiations: Rejecting reasonable proposals or making offers that ignore the agreed pool or valuation evidence.
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Missing timetables: Ignoring agreed or court-ordered deadlines for disclosure, valuations, mediation or affidavits.
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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
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Married couples: An application for property settlement (and/or spousal maintenance) must generally be started within 12 months of the divorce becoming final.
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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
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Avoiding communication about valuations, disclosure or mediation.
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Changing representatives repeatedly and using each change to reset progress.
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Refusing mediation or failing to engage with pre-action procedures.
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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
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Gather and organise your documents: Bank statements, tax returns, super statements, title searches, loan statements, company/trust records you hold, and any relevant communications.
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Formally request disclosure: Use a clear written request that mirrors the court’s disclosure categories. Keep a record of all requests and responses.
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Keep a communication log: Dates, proposals, responses and missed deadlines help demonstrate the pattern of delay.
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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
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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.
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Orders for disclosure: The court can compel production of documents and information (including third-party notices where appropriate).
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Injunctions / asset preservation: To prevent disposal or dealing with assets, or to require assets to be kept available pending final orders.
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Interim financial orders: Short-term arrangements (for example, for mortgage or necessary expenses) while the matter progresses.
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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.
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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:
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Map the pool and the issues quickly and accurately.
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Secure timely disclosure and obtain expert valuations where needed.
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Protect assets with targeted injunctions or preservation orders.
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Drive a clear timetable through mediation or court directions to reach a fair outcome as efficiently as possible.
Frequently Asked Questions (FAQs)
What can I do if my ex-husband is delaying property settlement in Queensland?
If your ex-husband is stalling property settlement, you can attempt mediation or negotiate through lawyers. If delays persist, you may apply to the Federal Circuit and Family Court of Australia for a property settlement order. Time limits apply, so seek legal advice promptly.
Is there a time limit to finalise property settlement after divorce in Queensland?
Yes. You must apply for a property settlement within 12 months of your divorce being finalised. De facto couples have 2 years from the date of separation. After this, you need special court permission to proceed.
Can the court force my ex-husband to cooperate with property settlement?
Yes. The court can issue orders compelling cooperation, including the disclosure of financial documents, participation in proceedings, or enforcement of a final property division. Non-compliance may result in penalties or adverse rulings.
Why would an ex-husband delay property settlement?
Common reasons include attempting to hide assets, avoiding financial disclosure, emotional conflict, or trying to pressure the other party into a less favourable agreement. In some cases, stalling is a tactic to delay or frustrate the process.
How does delaying property settlement affect my financial rights?
Delays can impact your entitlement to assets, superannuation, and financial security. Property values may change, and hidden transactions may occur. The longer the delay, the more complex the division may become — especially if new assets or debts arise.
Can I still settle property if my ex refuses to provide financial documents?
Yes, but you’ll need to take legal steps. Under the duty of disclosure, both parties must share financial information. If your ex refuses, the court can compel disclosure or proceed without their cooperation using available evidence.
Do I need a lawyer if my ex-husband is delaying property settlement?
Yes. A family lawyer can help enforce your rights, initiate court action if needed, and ensure you receive a fair and timely outcome. Legal advice is crucial to protect your financial future and navigate complex proceedings.
Take Control of Your Property Settlement Today
Delays in property settlement can be frustrating and financially damaging — but you don’t have to face them alone. At VM Family Law, we offer experienced, compassionate legal support to help you move forward with confidence.
Whether your ex-husband is refusing to disclose financial details or dragging out negotiations, our team can assist with property settlement proceedings, binding financial agreements, family dispute resolution, and all forms of family law mediation. We focus on securing fair, timely outcomes while protecting your rights and peace of mind.
Don’t let delay tactics put your future on hold — let us help you take the next step. Call VM Family Law on 07 3447 8966 or visit www.vmfamilylaw.com.au to speak with a dedicated Queensland family lawyer today.
Official Information Sources
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Queensland Law Handbook – Property and Financial Orders: https://queenslandlawhandbook.org.au/
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Federal Circuit and Family Court of Australia – Financial Cases, Duty of Disclosure & Court Process: https://www.fcfcoa.gov.au/
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Legal Aid Queensland – Property Settlements After Separation: https://www.legalaid.qld.gov.au/
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Queensland Government – Families and the Law (Separation & Money/Property): https://www.qld.gov.au/families/legal
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Family Relationships – Family Dispute Resolution and Mediation: https://www.familyrelationships.gov.au/
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Queensland Law Society – Find a Family Lawyer / Family Law Resources: https://www.qls.com.au/
