The length of the divorce process varies based on both parties in the couple. There is always one party in the separated couple who is looking to extend the property settlement. The main reason for this is that some couples believe that sorting out their property settlement is the final step in the divorce process. It could also be that one party can’t go through with the divorce or believes waiting could be beneficial for the couple. It can be hard to go down the end of the road.

In the following sections, we’re going to take a look at the property settlement process and what to do if your spouse is trying to delay it.

Why Would Your Partner Delay The Property Settlement Process?

You Don’t See Eye To Eye

The biggest issue for a delay in the property settlement process is that you and your ex can’t agree with one another. For example, your ex might believe they deserve much more than the other partner. If you’re not only on the same page, this can cause disputes to occur, putting the property settlement process on hold. In some cases, your partner may not be just ready to finalise the divorce and, therefore, unable to get the property settlement sorted. Because both parties can’t agree on anything, this further extends the property settlement process.

Your Ex-Partner Sees A Benefit In Waiting

Another reason an ex-spouse may delay the process is that either party may benefit from it. For instance, they may get a financial advantage from waiting on particular assets such as their shared real estate. Additionally, a separated couple may wait because one party has debts they believe they won’t have to take on if they extend the process. This point means that if your ex-partner ends up in debt post-separation, you could find yourself in debt too.

You Want To Save Money

Lastly, the property settlement process could be on hold because both partners believe the settlement will cost more money to go through it. This thought process is often not correct. For example, if you’re both transferring property outside of the law, this will require you to pay stamp duty. But if you do it through a property settlement, you can get the stamp duty fee waived.

It is risky to settle your property outside of the law because it is not legal, and the other partner could come back for another property settlement, putting you in a sticky situation. As a result, it can be a much more affordable process to settle through a family lawyer.

What Should You Do If The Property Settlement Is Delayed?

The number one thing you should do if your ex-spouse is delaying the property settlement process is to speak to a legal professional. They can give you the best advice and support to help you go through the steps to finalise the settlement. After this, you can ask your ex-spouse for disclosure within a particular timeframe. If this doesn’t settle or one party is not disclosing information, you can request mediation. If all of these actions do not work, you can apply to the court for a property settlement.

At Dettmann Phair Lawyers, we can help ease the property settlement process. Get in touch with our staff today!