One of the most frustrating situations after separation is when your former partner simply refuses to engage in the property settlement process.
They ignore letters, refuse mediation, delay providing financial documents, or continually postpone discussions.
Unfortunately, this situation is very common in family law matters. Sometimes this is due to mental health issues, sometimes it is out of fear that the relationship may finally be over, and sometimes it is your spouse behaving badly. At Madsen Law, we regularly assist clients who are dealing with an ex-partner that is refusing to engage or deliberately delaying the property settlement process.
The good news is that you are not powerless, and there are legal steps that can move the matter forward.
This guide answers the most common questions people ask when a property settlement is being delayed.
What Is a Property Settlement?
A property settlement is the legal process of dividing assets, liabilities and financial resources after separation.
This can include:
• The family home
• Investment properties
• Superannuation
• Savings and shares
• Businesses
• Vehicles
• Debts such as mortgages or credit cards
Under Australian family law, the goal is to reach a fair and equitable division, either by agreement or through the Court.
Many people are able to resolve this by agreement, but when one party refuses to participate the process can become more complicated.
Can My Ex Refuse To Do a Property Settlement?
They can refuse to negotiate informally.
But they cannot prevent a property settlement from happening.
If agreement cannot be reached, the Court can determine the outcome.
Eventually, one of three things will occur:
- You use the tools at your disposal (ie. costs orders, directions orders, subpeona’s) to gather the evidence to support your overwhelming case, which the other side partly accepts, and you formalise it.
- Mediation helps resolve the dispute.
- The Court determines the division of property.
While an ex-partner can delay the process, they cannot stop it entirely.
Why Do People Delay or Stall Property Settlements?
There are several common reasons.
Control
Some people delay because they want to maintain control after separation.
Financial pressure
They may hope the delay will force you to accept a worse deal.
Avoiding disclosure
If someone is hiding assets or income, delaying the process can work in their favour.
Emotional reasons
Some people are simply not ready to deal with the separation.
Bad legal advice or no advice at all
At Madsen Law, we regularly see situations where one party delays the process, and we work with clients to put a strategy in place to move the matter forward rather than allowing it to remain stalled.
What Happens If My Ex Ignores My Lawyer’s Letters?
This happens more often than people may think.
While parties are encouraged to attempt to resolve disputes before going to court, there is often little practical consequence if someone simply ignores a solicitor’s letter. The situation is vastly different if you are before a court.
If the other party refuses to respond or engage, the next steps may include:
• arranging mediation or dispute resolution
• commencing court proceedings
Once a matter is before the Court, deadlines and legal obligations apply, and ignoring the process can have consequences.
What Happens If My Ex Won’t Attend Mediation or Keeps Delaying It?
Mediation (often called family dispute resolution or a settlement conference) is usually encouraged before starting court proceedings.
However, one party cannot force the other to genuinely participate in mediation.
If your former partner:
• refuses to attend
• continually postpones mediation
• attends but refuses to negotiate
there are still options available.
Often the next step is to commence court proceedings, at which point the Court can:
• require both parties to attend dispute resolution
• impose deadlines for progressing the matter
• move the case toward a final hearing if agreement cannot be reached
In many cases, once court proceedings are started, the previously uncooperative party becomes far more willing to engage in negotiations.
Situations where one party refuses to participate in mediation are something Madsen Law commonly assists clients with.
What Happens If the Other Side Refuses to Do Property or Asset Valuations?
Valuations are often needed in property settlements to determine the value of assets such as:
• real estate
• businesses
• companies or trusts
• valuable assets like vehicles, machinery or jewellery.
Sometimes one party refuses to cooperate with obtaining valuations, particularly if they believe the asset may be worth more than they claim.
If agreement cannot be reached on a valuation, the Court can order that:
• a joint expert valuer be appointed, or
• a valuation be obtained for the purpose of the proceedings.
A joint expert is an independent professional who prepares a report for the Court and both parties.
This prevents one party from manipulating or avoiding the true value of an asset.
At Madsen Law, we often help clients resolve disputes about valuations so that the property pool can be properly identified and negotiations can move forward.
What If My Ex Refuses to Provide Financial Documents?
Both parties have a legal duty to provide full and frank financial disclosure.
This usually includes documents such as:
• tax returns
• bank statements
• superannuation balances
• property valuations
• business financial records
If someone refuses to provide disclosure voluntarily, the Court can:
• order them to produce documents
• issue subpoenas to banks, employers or financial institutions
• impose consequences for failing to comply
In serious cases, the Court may also make cost orders against a party who refuses to cooperate.
How Long Can My Ex Delay a Property Settlement?
Without clear action, property settlements can unfortunately drag on for long periods.
However, there are important legal time limits.
For married couples, property settlement proceedings must generally be started within 12 months of a divorce becoming final.
For de facto couples, the time limit is usually two years from separation.
This is one reason it is important to have a clear strategy to progress the matter rather than allowing delays to continue indefinitely.
Can My Ex Hide Assets in a Property Settlement?
Under Australian family law, both parties have a legal duty of full and frank financial disclosure. This means each person must provide complete and accurate information about their financial circumstances.
This usually includes disclosing:
• bank accounts
• property interests
• superannuation
• businesses or company interests
• trusts
• shares and investments
• debts and liabilities
In some cases, however, one party may attempt to hide or minimise assets. This can occur in a variety of ways, such as:
• failing to disclose bank accounts
• diverting money through a business
• underreporting income
• transferring funds to family members or related entities
If assets are not properly disclosed, the Court has a range of powers available. These may include:
• ordering additional disclosure
• issuing subpoenas to banks or financial institutions
• drawing negative conclusions about missing assets when determining the property division
At Madsen Law, we regularly assist clients where there are concerns about hidden assets. Our team is particularly experienced at identifying irregular financial activity, including undisclosed business drawings, unusual transfers, or funds that may have been moved in an attempt to avoid the property settlement process.
What Happens If My Ex Hides Or Removes Money Before the Property Settlement Is Complete?
It is not uncommon for one party to move or spend money after separation.
Sometimes this occurs for legitimate reasons. In other situations, it may involve significant withdrawals or spending that reduces the value of the property pool.
Examples may include:
• large cash withdrawals
• transferring money to another account or family member
• gambling losses
• unusual spending or borrowing through a business
• unexplained reductions in savings
When this happens the first step is to try to recover the funds or freeze them. If the funds have been spent, then the Court will look at the circumstances and consider whether the spending was reasonable.
If the Court determines that money has been deliberately wasted, hidden, or improperly used, the court must consider the effect of that waste on you.
At Madsen Law, we often assist clients in investigating situations where funds appear to have been mismanaged or dissipated. This can include analysing financial records to identify issues such as gambling losses, hidden business income, or unexplained withdrawals that may need to be addressed during the property settlement.
Can My Ex Force the Sale of the House in a Property Settlement?
The family home is often the largest asset involved in a property settlement, and disagreements about what should happen to it are common.
If both parties agree, possible options may include:
• one party buying out the other’s interest
• selling the property and dividing the proceeds
• temporarily retaining the property until a later date
However, if agreement cannot be reached, the Court has the power to make orders about the property.
Depending on the circumstances, the Court may order:
• the property be sold
• one party refinance and buy out the other
• the property be transferred to one party with adjustments made elsewhere in the property settlement
If one party refuses to cooperate with selling the property, the Court can also make orders to allow the sale to proceed despite their refusal.
Disputes involving the family home and the true value of the property pool are common issues handled by Madsen Law, particularly in matters where financial disclosure or asset identification is disputed.
What If My Lawyer Isn’t Progressing My Property Settlement?
Another frustration we hear from many people is that their own lawyer does not seem to be moving the matter forward.
Clients often say things like:
• “My lawyer keeps saying to wait.”
• “Nothing has happened for months.”
• “The other side keeps ignoring us and nothing changes.”
While negotiation can take time, property matters should still progress with a clear strategy.
Signs Your Property Settlement Matter May Be Stalled
Possible warning signs include:
• long gaps between updates
• no clear strategy for resolution
• repeated letters with no escalation
• no discussion of mediation or court options
Sometimes delays are unavoidable, but you should always understand what the next step is and why.
What Can You Do If Your Property Settlement Is Not Progressing?
Ask for a clear strategy
You are entitled to ask your lawyer questions such as:
• What is the plan to resolve this matter?
• What happens if they keep refusing to engage?
• When would we consider mediation or court?
A good lawyer should be able to explain how the matter will progress, and n appropriate time frame for each step.
Request a case update
If you feel things have stalled, ask for a written update covering:
• what has been done
• what responses have been received
• what the next steps are
This often helps clarify the situation.
Consider a second opinion
It is completely acceptable to seek another lawyer’s view.
Many people approach Madsen Law for a second opinion when they feel their matter has stalled or when their former partner refuses to engage in negotiations.
A second opinion can help you understand:
• whether your matter is progressing appropriately
• whether stronger steps could be taken
• what realistic outcomes may look like
When Is Court Necessary for a Property Settlement?
Court is not always the first option, but sometimes it is the only way to move a stalled property settlement forward.
Once proceedings are filed, the Court can:
• impose deadlines
• order financial disclosure
• require dispute resolution
• determine the final property division if agreement cannot be reached
In many cases, simply filing proceedings prompts the other party to finally engage in negotiations.
Key Things to Remember if Your Ex Refuses to Negotiate
If your ex refuses to negotiate, it can feel like you are stuck.
But legally, you are not trapped in the delay.
There are structured steps that can move the matter forward.
The key is having clear legal guidance and a strategy focused on progress, not endless waiting.
Situations where a former partner refuses to negotiate or delays the process are something Madsen Law regularly assists clients with, helping them move from uncertainty toward a resolution.
