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What happens if Prince Harry and Meghan divorce? Who gets child custody?

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News Desk

Updated on May 29, 2021

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Prince Harry and Meghan Markle have only been together for a few years. However, the royal couple’s lives have also changed dramatically. The most significant difference is that they now have a child, Archie Harrison Mountbatten Windsor.

A new couple can struggle with too much transition. And, though they seem to be content together right now, the happiness may be temporary.

If Markle and Prince Harry split, will she still be a royal?

Divorces among royals are more frequent than we would expect. In 1996, Prince Harry’s parents, Prince Charles and Princess Diana, separated, and in the same year, the Queen’s other son, Prince Andrew, divorced his wife Sarah Ferguson.

Markle will stay royal no matter what happens between her and Prince Harry now that she has given birth to Archie, who is seventh in line for the throne.

If Markle and Prince Harry divorce, who will have custody of Archie?

If Markle and Prince Harry had wanted to divorce, they would not fight for Archie’s custody. The reigning monarch’s “right of supervision extended to his grandchildren and this right of right belongs to His Majesty, King of the Realm, even during their father’s lifetime,” according to a 1717 statute. According to Latin Times, this ensures the Queen has legitimate custody of Archie.

Meghan Markle and Prince Harry’s son Archie may be ‘trapped’ in America, according to this law

The Sussexes, according to Lady Colin Campbell, should have a deep discussion regarding what would happen if they split up one day.

If Archie becomes an official US citizen, he’ll require both of his parents’ permission to go to the United Kingdom, for example, to meet his grandma the Queen and enjoy his best royal life—something Meghan, who was born in Los Angeles, may object to. If she refuses, Archie is constitutionally obliged to stay in the United States before he reaches the age of eighteen, according to one international statute.

In a recent webcast segment, Lady C clarified the convention, also recognized as the Hague Convention against International Child Abduction. The commentator started, “If anybody’s marital home is in England and they get divorced or separated, the child is required to remain in England until it is 18 save by the consent of the parties concerned.” “The same applies in America, in France, in any of the tremendous numbers of countries who are signatories to the Hague Convention.”

“That means that once Meghan moved Harry and the baby to America, if they set up operations in America, and there is a separation and/or divorce, unless Meghan agrees to the baby coming back to live in England, the baby is trapped in America until he is 18,” she said. “The Hague Convention trumps everything else.”

If Prince Harry and Meghan divorce, who would have custody of Archie?

One royal fan stated on the online web platform Quora that Prince Harry and Markle may not have complete custody of their son at the moment because Archie is in the custody of Queen Elizabeth II. When she leaves, the royal couple will no longer have control of their son and Her Majesty’s successor, Prince Charles, will take over.

However, if Prince Harry and Meghan Markle split, it would be different. When this occurs, the “Suits” alum will be free to live anywhere she wants. However, since her son is already a part of the royal family despite not having a title, he will be expected to reside in the United Kingdom.

As a result, after he and Markle split, Prince Harry will live with his son. Even if Markle does not live with her son, she would almost certainly have access to him whenever she wants.

A royal devotee, Maddy Bernasco, compared the case to what happened to Prince Charles and Princess Diana. Prince William and Prince Harry continued to reside in the palace with Prince Charles after the pair split. Princess Diana, on the other hand, maintained communication with her two sons.

It’s doubtful that royal children, particularly an heir to the throne like Prince William, will live with their mother if she only joined the royal family after marrying.

What Happens If Prince Harry and Meghan Markle Divorce After Megxit

Meghan would still be Duchess of Sussex.

When the couple decided to leave their royal responsibilities, they were no longer allowed to use their titles of royal highness. They are, though, both the Duke and Duchess of Sussex, and Meghan will remain a duchess even though they divorced.

Another example is the divorce of another duchess, Sarah Ferguson, from Prince Andrew. Despite having to remove HRH, Fergie kept her duchess title. Despite the fact that they divorced in 1996, the prince’s ex-wife is also identified as Sarah, Duchess of York today.

What Meghan isn’t allowed to get

The Sussexes revealed that they would divide their time between North America and the United Kingdom as they made their shocking announcement. When they visit England, it is anticipated that they will remain at Frogmore Cottage.

The house was offered to them as a wedding gift by Harry’s grandma, but due to their intention to move back and become “financially secure,” Harry and Markle will be responsible for paying rent throughout their stay. However, since the house belongs to the Queen’s Crown Estate, there will never be a debate over who gets it and who doesn’t.

There are no more assets for division, which had always been the case for royals, whether they have pulled back or not. When it comes to royal settlements or estate division, a place like Windsor Castle isn’t on the table.

“You wouldn’t need a prenuptial agreement to stop Windsor Castle from being cut in half in the event they divorce, because it’s not Harry’s,” royal author Duncan Larcombe said.