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The picture is not listed in the U.S. Catalog of Copyright Entries, nor was there a discernible copyright statement on the viewing print. Variety incorrectly attributed the screenplay to American dramatist Robert Sherwood and Biro, and identified Biro as the author of the play on which it was based as well. The film was a remake of the 1933 Alexander Korda production Counsel's Opinion, directed by Allan Dwan. In the 1933 version, Binnie Barnes, who plays Lady Mere in The Divorce of Lady X, played Leslie, and Arthur Wimperis co-wrote the screenplay. Modern sources note that Lazare Meerson and Ned Mann did the film's miniatures, John W. Mitchell was the boom operator and that it was made on a budget of 99,000 (about $500,000, based on the exchange rate in 1938).
Records on the film contained in the BFI library indicate that it was distributed in the United Kingdom by Ealing Distribution with a running time of 93 minutes and was 8,337 feet in length. A June 1936 Hollywood Reporter news item on the film mentioned that it was to be made that summer. The reason for the year-long delay in production has not been determined. Olivier and Oberon appeared in one additional film together, Wuthering Heights, made in the U.S. in 1939 (see below).