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If both of them live on Scotland then the case must be dealt with in Scotland. The general rule is that she is entitled to half of all property valued at the date of separation in respect of property owned by one of them, including the business, and half of all joint property valued at current value. So whether he sells the business or not doesn't matter. She will in all likelihood be entitled to a share of it assuming it was set up during the marriage. I hope that helps. It may be that Scots law would be preferable to English law anyway but she would have to be living in England for the requisite period before English law would have jurisdiction. I don't know what that oeriod is but I suspect it is the same as Scotland which is one year. I hope that helps. Please leave a positive rating so that I am credited for my time.