Fed Up Divorcees Ask: Can You Force A Property Settlement?

With the real estate market experiencing massive fluctuations, divorcing couples are stuck waiting to complete their property settlement. That can be every more complicated when one member of the party is making things more complicated than they need to be, which could be costing you a lot of money.

With a rising property market in a situation where you want the property, getting the process done as quickly as possible is wise because the market could rise to a point you are unable to keep it. Or, you might miss out on a hot market to maximise your sale.

Types of Delays

• * Refusing to comply with the disclosure process correctly or not at all.

• * Refusal to engage in the discovery process, whether it's by holding information back or refusing to engage altogether.

• * Refusal to engage meaningfully in the resolution process, such as refusing mediation, reasonable offers, or not making their own offers.

• * Some will attempt to skip mortgage payments. However, this can cause refinancing issues if one party wants to buy the other out.

Why The Delays

There are many reasons why one party may attempt to delay property or financial settlements.

It's often about controlling the assets with the greatest financial benefit. For example, selling the home, they live in because it currently costs them nothing to be there. Or, someone who isn't quite ready to move forward. One party may believe they can delay the property settlement for a more favourable outcome.

It might seem wise to delay because an asset is due to an increase in value, one party is due an inheritance, or they're trying to wait the time limit out. However, it is unwise to do so, as your property pool includes everything up to the date of the property settlement, not the date of the breakup.

“We are seeing divorce stress at an all time high and it’s creating mental health issues for separating couples” said Brisbane Divorce Coach, Marg Doherty.

When To Ask Your Lawyer To Proceed to the Next Steps

You have one year from the date of your divorce to come to a property settlement. You do not need to finalise your divorce before you begin the process. The rules around property settlements are frequently misunderstood and one of the key reasons to consult a lawyer early in the process.

In fact, you should start the property settlement process as soon as you separate. If you purchase a home after you separate from your spouse, it becomes part of the property pool. It's in everyone's best interests to settle quickly.

If your ex is actively delaying the process at any stage, you can ask your lawyer to start the next steps. Going through a divorce is a highly emotional time. You are trying to move forward with the next chapter in your life while actively mourning the end of the last. It's why you need professional legal advice from a reliable, reputable source.