Weddings

Would Prince Harry and Meghan Markle Get a Prenup?

And what is she entitled to, if anything?

Prince Harry put a ring on it. Now comes the complicated stuff.

First of all, it’s important to know that prenups in England are very different than in the United States. While they are enforceable in the U.S., in England, judges usually make prenup decisions based on, well, whatever. Which can help Meghan Markle and hurt Prince Harry if they were to ever split (not saying they ever will, jeez.)

We called top California family and divorce lawyer Peter Walzer, founding partner of Los Angeles based law firm Walzer Melcher, and here’s what he said is likely happening behind the scenes.

Yes, they are hammering out a prenup

“She’s originally from Los Angeles, the center of prenups in the world,” Walzer tells Personal Space. “In England, within the last 10 years judges started recognizing prenups, but more advisory than enforceable.”

Harry is wise to get a prenup

“London is one of the worst places to get divorced,” Walzer says. “A judge can say that for a year marriage, you’re awarded a house that was purchased before the marriage — the judge does what they think is fair regardless of the length of the marriage — which could really harm Harry.”

They should get a “mirror agreement”

“If Harry buys a house in L.A. and wants to live there part-time that would help get a California prenup and protect him,” Walzer says. “If he is in England and doesn’t want to share much he might have a problem.” Walzer says they should get a mirror agreement, which is a premarital agreement both in England and the U.S.

A royal prenup would likely include the following

“It would say ‘what’s mine is mine and what’s yours is yours.’ She’s been a successful actress, she would get her SAG pension plan and royalties from shows she’s done. She’s comfortable in her own right but not that standard he’s used to.
She could lose more in the marriage than he could — his means of support is inheritance (and he could take from her).”

The likely situation is that they will get an English prenup, but they would be foolish not to have an American mirror prenup, because in England anything can happen in a divorce. They also likely have many many clauses in the contract, including future children, and non-disclosure agreements.

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