So, you’ve separated—and now one person’s dragging their feet on sorting out the property.

Maybe they say they’re too busy. Maybe they keep “waiting to talk to a lawyer.” Or maybe they’re hoping things will magically sort themselves out.

Whatever the reason, delaying a property settlement can have real consequences.

This page explains why delays happen, what the risks are, and what steps you can take to move things forward—without the legal jargon.

Why Would Someone Want to Delay?

Delays can happen for lots of reasons:

• They’re emotionally not ready

• They’re hoping to reconcile

• They want to hold onto control or power

• They think time will work in their favour (like rising property values)

• They’re just avoiding the hard conversation

Example:
After their breakup, Jordan tried for months to get Alex to start the property process. Alex kept saying, “let’s deal with it later.” Six months passed—and property prices jumped by $100,000. Now, Jordan’s share could be worth less.

What Are the Risks of Delaying?

1. Property values can change – If your home or investments rise or fall in value, it could impact what you each get.

2. Debts might increase – Interest keeps ticking on mortgages, credit cards, or loans.

3. Assets might be sold or hidden – Delays give more time for financial changes that could affect the pool.

4. Time limits apply – You have:

   • 12 months from divorce to apply for property settlement (if married)

   • 2 years from separation (if de facto)
     After that, you need court permission to proceed.

Example:
Renee separated from her de facto partner in 2020. She didn’t take action until 2023—and needed special approval just to apply for property division.

Can One Person Legally Stall Forever?

No—but delays can be very frustrating. If your ex isn’t engaging:

• Put your requests in writing

• Keep records of communication

• Suggest mediation

• Seek legal support if things aren’t progressing

If you’re nearing the deadline, you may need to file an application to protect your right to a fair settlement.

What If They Won’t Disclose Financial Info?

You can’t make a fair deal without full financial disclosure. If the other person won’t provide it voluntarily, the Court can order them to.

And hiding assets? That can backfire—big time. Courts don’t look kindly on it, and it could lead to serious legal consequences.

Steps You Can Take:

1. Start with a written request – Be polite but clear about wanting to move forward

2. Propose mediation – It’s cheaper and faster than court

3. Get legal advice early – Even just a one-off consult can help

4. Apply to the Court if needed – Especially if deadlines are close

Final Thought

Property settlement delays can cost you—financially and emotionally. Don’t sit in limbo hoping things will change.

At Aussie Divorce, we explain your options in simple terms—so you know when to wait, when to nudge, and when to take action.