MF v NF & Ors (Striking Out Claims against Third Parties)

Facts

The wife, MF, and the husband, NF, married in 2015 and have two children. The wife issued her divorce application on 23 July 2023 and her Form A on 2 November 2023. In his Form E the husband said he was the legal but not the beneficial owner of a Spanish property, VLO, having gifted it to his mother, AF, by a document dated 2 July 2018, and that he owed the N Family Trust £5.77M in loans. The wife disputed that account and also the ownership of Y Ltd, sold to Stonegate in 2017, the proceeds of which had gone to the Trust and been loaned back to the husband. The wife put the matrimonial assets at some £7.23M, the husband at a deficit of some £2.16M. District Judge Ashworth directed the wife to file two sets of Points of Claim and joined AF and KN, the settlor and sole beneficiary of the Trust. The husband, AF and KN applied to strike out. On 31 March 2026 the Judge struck out both sets of Points of Claim under rule 4.4(1) of the Family Procedure Rules 2010 and removed KN as a party. HHJ Hess granted permission to appeal on all ten grounds.