Key takeaway: An ex can slow a property settlement, but they can't stall forever. Both parties have a legal duty to disclose their finances, strict time limits apply, and mediation imposes a clear timetable that makes drift far harder than in slow-moving litigation. If stalling continues, a court can be asked to step in — and judges take a dim view of deliberate delay.
Why an ex drags it out
Understanding the motive helps you respond. Stalling is usually about one of a few things: an emotional reluctance to let go, a belief that delay improves their position, a hope you'll give up and accept less, or simply avoidance. Occasionally it's strategic — for instance, hoping an asset's value will move. Whatever the reason, the law and a good process are designed to limit how much delay actually achieves.
How long can they really delay?
Less than they might think. While a determined party can introduce friction — being slow with documents, cancelling sessions, raising endless queries — the system has guardrails. Disclosure is compulsory, mediation sets deadlines, and ultimately a court can impose a timetable and make orders even if one party drags their feet. Delay is a tactic with a shelf life, not an indefinite veto.
Disclosure duties cut both ways
One of the strongest tools against stalling is the FCFCOA duty of disclosure — the duty of full and frank financial disclosure that binds both parties. An ex who 'can't find' documents or is mysteriously slow to produce them is not just being difficult; they may be breaching a legal obligation. Persistent non-disclosure can be raised with a court, which can draw adverse inferences and even set aside a later settlement built on hidden information. Honesty isn't optional, and that protects the party who wants to get on with it.
Tired of waiting on a stalling ex? Book a consultation — mediation sets a clear timetable that's hard to dodge.
Book a free consultation →Time limits work in your favour
The clock can be an ally. After a divorce, you generally have 12 months to finalise property; for de facto couples it's 24 months from separation. These limits create pressure to act — and they apply to your ex as much as to you. Far from being only a risk, the deadline is also leverage: drift has consequences for both sides, which often concentrates a reluctant party's mind. See the detail in our property settlement after separation guide.
How mediation forces momentum
This is where mediation genuinely outperforms a lawyer-led back-and-forth. A mediation sets a date, a shared disclosure list and an agenda up front — so instead of open-ended letter-writing that a staller can spin out for months, there's a structured process with a clear destination. It's much harder to 'go quiet' on a scheduled full-day session with everything on the table. For many couples, simply booking property settlement mediation is what finally breaks the logjam.
When you may need the court
If an ex refuses to engage at all, the Family Law Act 1975 lets you apply to court for property orders, and the court can set a binding timetable and ultimately decide the matter. It's the slower, costlier path — which is exactly why most people prefer mediation — but it exists as a backstop precisely so that one party cannot hold the other hostage indefinitely. Knowing the backstop is there often makes mediation more productive.