Family Law Week judgment summary: AXA v BYB [2023] EWFC 251

22 January 2024

Dr Martina Van der Leij summarises a judgment for Family Law Week about  a financial remedies application (the 1st case in the Financial Remedies Court at the Central Family Court to involve a QLR - qualified legal representative).

The case resulted in the lump sum and pension-sharing applications being kept open to ensure the former matrimonial home and contents were properly transferred. Also the husband was ordered to pay an outstanding service charge on the former matrimonial home and to facilitate a later determination on costs.

Findings of dishonesty were made against him.

The wife's financial remedies application dealt with 4 key issues:

  • does the wife own a 100% or 50% beneficial share of a flat in London which is registered in her sole name?
  • does the husband own the beneficial interest in the proceeds of sale of a property in Tehran, which was held in his sole name?
  • how should the significant debt held by each of the parties be treated by the court?
  • how are housing needs to be met and who should live in the former matrimonial home pending its sale?

View the summary of the judgment on Family Law Week.