COULD MEGHAN AND HARRY EVER GET A DIVORCE?
None of Meghan and Harry's fans want to even think about "divorce" when it comes to this dynamic duo that is Prince Harry and Duchess Meghan. It is #meghanandharryforever for those of us who love this couple! But we would be remiss if we just ignored this issue of divorce because it happens to the best of us. Both Harry and Meghan come from broken homes where their parents divorced.
From the looks of things, we can all hope that Harry and Meghan will be married forever. This is Harry's first marriage and Meghan's second marriage and she has hopefully learned a few things from her first divorce. Meghan clearly does not put up with nonsense. From ANYBODY. It does not matter how fabulous the other person thinks they are. She is already on record as saying that "I am not defined by my relationship." She has also said that Harry is "lucky" to be married to her.
This woman knows her worth. And if the situation arises where she felt she needed to kick Harry to the curb, she will not hesitate. Harry, on the other hand, has a hot temper by all accounts. He has sought help to manage his anger. He is also a young man who has never had to deal with the kind of animosity and adversity that he and his beautiful wife have had to endure since their coming-out engagement press conference back in 2017. Harry has always been loved his whole life by the British public and has therefore not had a lot of practice with circumnavigating public hatred and bad press.
Things have changed a lot and it would not come as a big surprise if all of it has put a strain on their marriage behind the scenes. Despite all their public displays of affection their marriage could be under some serious strain. What if the worse happens? What if the unthinkable were to happen?! What would a divorce look like?
1. A Sussex Divorce Would be a Royal Mess
It would be a mess because the entire world would weigh in and pick sides and suffice to say, Meghan would not come out smelling like a rose - no matter what the reason for the divorce is. Millions of people around the world would be happy to see that their efforts had paid off and the marriage had cracked up. The comparison would be made to other royal marriages. The royal family would also be involved to an extent because it was a royal marriage and there are royal children who are heirs to the throne involved. Not to mention the fact that the Sussexes did not sign a prenuptial agreement. So there could be issues with the division of property involving jewelry that belonged to either Princess Diana or the Queen that could come into play.
2. California law would probably apply but English law is not necessarily less favorable to the disadvantaged spouse than California
Meghan would be the disadvantaged spouse in this divorce for several different reasons. She is a public figure who unfortunately is seen as "polarizing." People love to hate her and public sentiments could have an impact on judicial decisions against Meghan. In England, the laws are usually very favorable towards wives who usually are financially disadvantaged spouses. But California, is a community property state. So everything there is split 50/50 when there is no prenuptial agreement. Either way, whether in California or England, Meghan would probably make out with about half the marital assets in a divorce.
What that means is that she would probably get the Montecito house but would have to give up its equivalent value in other assets whether held in California or abroad - if such assets exist. If all they have is the Montecito house, she would have to part with it and it would be sold and the proceeds would be split 50/50.
Other assets such as proceeds from Netflix deals, Spotify deals, and other business ventures would also be split 50/50 in a community property scheme like California.
3. Custody of their children could be the biggest headache in a divorce between Meghan and Harry
If Meghan and Harry divorce, it is the custodial situation that could be the biggest and most painful aspect for them both. Surely, Harry would return to England if they divorce because the only reason he lives in America is that his wife is American. If he returns to England, and he has joint custody of his children - which is likely going to be the case - he would be allowed to take them across the pond for a significant portion of the year. It is true that the courts will insist that the two parents put the "best interest of their children" ahead of everything. And the children are growing up in California, not England. So, for the sake of stability and continuity, and familiarity, Meghan could probably win an argument that it is in the best interest of the children not to cart them back and forth between England and California. This could force Harry to settle in the U.S. till the children reach the age of majority.
This analysis could change, however, if the Sussexes make regular use of their Frogmore home. In that case, it would be harder for Meghan to win an argument that the children's best interest is to remain in California.
The rub with the kids, of course, is that they are heirs to the British throne. To an extent, by English law, they belong to the Crown and to the monarchy. So while another couple who were based in California could argue that the children should, by right, stay in California, because of who these children are, a custody fight between Meghan and Harry could get really complicated. And Meghan could surprisingly lose the fight depending on how much the judge weighs public opinion and other extenuating circumstances.
The Sussexes should avoid getting divorced
The foregoing notwithstanding, the Sussexes should do their best to avoid divorce. Marriage is not easy for anyone and it is not easy for Prince Harry and style icon Duchess Meghan. But they have to be in it to the end. They should do everything they can to nurture their marriage and build a healthy family. Divorce will be way too messy and it would be a real shame if they let the haters win.
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