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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12086
Experience:  30 years as a practising solicitor.
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I have tried for eleven years to get divorced. The stumbling

Customer Question

I have tried for eleven years to get divorced. The stumbling block is a ltd company of which I own 50% and which was formed to supplement income when retired for me and my husband who now considers i should give him my shares in exchange for income but will not consider tax implications and security for my income . it has been suggested a Judicial Review may solve the situation.
I live in Scotland
Submitted: 4 years ago.
Category: Scots Law
Expert:  JGM replied 4 years ago.
Thank you for your question.

Judicial review is a remedy whereby someone asks a Court of Session judge to review a decision by a government or public body on the ground that the decision is wrong.

Accordingly, I don't see where judicial review come into a family law dispute.

If the company is part of the matrimonial property that fall to be divided fairly between husband and wife then the issue can only be resolved in one of three ways: agreement, mediation or by the court.

Judicial review as a remedy is irrelevant. Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.