Delay Tactics in Divorce: How to counter them & How it can affect your Property, Children's & Domestic Violence matters.

Delay Tactics in Divorce: How to counter them & How it can affect your Property, Children's & Domestic Violence matters.

Divorce proceedings can be stressful, emotional, and complicated, and one thing that can make them even more challenging is when your ex-partner employs delay tactics. Delay tactics are strategies used to stall the divorce process, and they can be employed for various reasons, such as to gain a financial advantage, to prolong the proceedings, or to make things difficult for the other party. In this blog post, we will explore what delay tactics are, how they can affect your property, children's, and domestic violence matters, and what you can do to counter them. We explore this topic in depth in our podcast episode number 97 called Delay Tactics in Divorce. 

What Are Delay Tactics?

Delay tactics are strategies used to prolong the divorce process intentionally. They can occur at any stage of the divorce proceedings, from the early stages of negotiation and mediation to the court process. Some common examples of delay tactics include failing to respond to letters or emails, delaying the production of documents, making unreasonable demands, and making frequent requests for adjournments.

When Do Delay Tactics Cause Problems?

Delay tactics can cause problems when they are employed to gain an unfair advantage or to prolong the proceedings unnecessarily. For example, if one party is using delay tactics to avoid producing financial information, this can make it difficult to reach a property settlement or to calculate child support payments. Delay tactics can also be used to wear down the other party emotionally and financially, which can make it more challenging to negotiate a settlement or to present your case effectively in court.

Tactically How Do Delays Help Your Ex During Divorce?

Delay tactics can be employed to gain a tactical advantage in divorce proceedings. For example, delaying the proceedings can give your ex-partner more time to hide assets, to spend money before a property settlement is reached, or to make other financial arrangements that may be disadvantageous to you. In some cases, delaying the proceedings can also give your ex-partner more time to build a case against you, making it more challenging to achieve a favourable outcome.

Section 117c of the Family Law Act and Why You Need to Know About It?

Section 117c of the Family Law Act requires parties in family law proceedings to provide full and frank disclosure of their financial circumstances. This includes information about assets, income, and debts. If one party fails to provide this information, they can be penalised by the court. It's essential to be aware of this requirement and to seek legal advice if you suspect that your ex-partner is not providing full and frank disclosure.

The Family Law Act and Updates Coming

The Family Law Act is currently undergoing significant reforms, including changes to the family law system and the introduction of new laws designed to protect victims of family violence. These changes may have an impact on how delay tactics are dealt with in family law proceedings, and it's essential to stay informed about these changes.

How to Cope with Living Under One Roof and They Are Delaying

If you are living under the same roof as your ex-partner and they are delaying the divorce proceedings, this can be especially challenging. It's essential to try to maintain a civil and respectful relationship, but if this is not possible, seeking legal advice and possibly separating may be necessary.

What Happens if Your Ex Starts Dragging the Chain?

If your ex-partner starts dragging the chain and delaying the proceedings, it's essential to seek legal advice and to take steps. Start by listening to the divorce course podcast episode on this topic.