This week’s royal engagement announcement from Prince William and long-time girlfriend Kate Middleton set the world into a tizzy of excitement. It will be the wedding of the century, and royal watchers expect the ceremony to be viewed by more than 1 billion people.
Not to put a damper on love, but with a tough track record to follow and great amounts of wealth within the royal family, the question of prenup is hard to ignore. We asked Massachusetts divorce attorney Gabriel Cheong, with Infinity Law Group, to answer some questions about the possibility of a prenuptial agreement between the royal couple.
Avvo: There are some media reports suggesting that Kate Middleton and Prince William will – or at least should – have a prenuptial agreement. Why would this be important and is this something that we can expect?
GC: This is definitely something we can expect especially with the decision from Granatino v. Radmacher. Even though a prenuptial is not a legally binding document, it is evident by the Radmacher decision that the supreme judiciary in England will give pre-nuptials “decisive weight.” In other words, it is like chicken soup when one is sick. Although there is no definitive scientific proof the chicken soup cures the common cold, one knows it is better to have a bowl than not. So it would not hurt Prince William to have a prenuptial agreement, instead it would be prudent for Prince William to have a prenuptial agreement.
Avvo: If a prenuptial agreement is unlikely, what would happen (financially speaking) if the couple were to get a divorce?
GC: If there is no prenup, then assets and property would be divided accordingly to British laws. Traditionally, assets and property are divided 50/50 between the parties. But just like divorces here in the US, many times there are negotiated terms.
Avvo: Even more specifically, what would happen with the engagement ring?
GC: The laws in Britain tend to treat an engagement ring as a gift to the future bride and she is entitled to keep the ring unless it is made clear before hand that the ring never becomes her property absolutely. For example, when Prince Charles and Princess Diana split, Princess Diana kept the ring, which in turn, Prince William inherited to give to Kate.
Avvo: If Kate Middleton had her own attorneys (in the event of a divorce or prenup) would she really even have a chance given the power of the Royal family?
GC: I would hate to say it all depends, but it is true. It all depends on her attorneys and who they are and how good are they at arguing their points. But just to shine some light on the Princess Diana divorce settlement, it was released by Prince Charles’ accountant that Princess Diana received more than 50% of the assets and property from the marriage. She received at total of $45 million USD. Of course there were some settlements in that amount – for example, Princess Diana had to give up her royal title and be called “Lady Diana” and she was never to speak about the divorce with members of the press.
Avvo: How are prenuptial agreements in the US different from those in the UK?
GC: In the US prenuptial agreements are independent agreements and as long as they meet all the criteria of being a valid prenuptial agreement, then the agreement will hold up in the court of law. In the UK, it is undecided whether a prenuptial is independent agreement. However, in the UK, what we do know is that according to the court of Granatino v. Radmacher, the court will very least use the prenup as a decisive weight.
Do you think Prince William and Kate Middleton should have a prenup? Let us know in the comments!
