Royal divorce: All about the pre-nup
Prince Nikolai and Prince Felix are currently third and fourth in line to the Danish throne - and will remain in Denmark following their parents' divorce. But what about the status of the couple's pre-nup.
Princess Alexandra cannot take her two young sons, Prince Nikolai and Prince Felix, out of the country, should she ever decide to leave Denmark. Both young princes are in the line of succession to the throne - and especially important as long as Crown Prince Frederik has no children of his own - so says law professor Ditlev Tamm.
Tamm, an expert in crown law, spoke with daily newspaper Jyllands-Posten about the legal ramifications of Prince Joachim and Princess Alexandra's pending divorce.
"For the time being, it is up to Prince Nikolai and Prince Felix to carry on the royal line. So as long as the Crown Prince has no children of his own, the Royal Court has a vested interest in keeping these children in the country. But from the moment that the Crown Prince fathers his own children, the question of where Nikolai and Felix live is no longer going to be so imperative," said Tamm.
Historian and royal affairs expert Claus Bjørn spoke with Ritzau news bureau about the future of the young princes.
"I can't imagine Nikolai and Felix settling permanently anywhere other than Denmark. Just as the Queen must grant her permission to any prospective marriage, it was the Queen and Prince Henrik who signed off on yesterday's divorce announcement. It must have been made abundantly clear that the children would remain in Denmark no matter what," Bjørn said.
The prenuptial agreement signed by Prince Joachim and Alexandra Manley in 1995 made no mention of child custody arrangements in the event of a divorce. Although yesterday's press release stated that the couple intends to share joint custody, the coming months will be critical in establishing Alexandra's future relationship to her children - this according to historian and museum curator Steffen Heiberg.
"Princess Alexandra is the mother of number three and four in the line to the Danish throne, and her position absolutely depends on her not ruffling the feathers of the Royal Family - or the Danish people," said Heiberg, noting that never before in Danish history had a divorced queen consort or princess left the country with an heir to the throne.
"If anyone ever suspected her of planning such a thing, plenty of obstacles would be put in her path. And any custody battle would be a serious crisis for the monarchy," said Heiberg.
Several attorneys specializing in family law told Jyllands-Posten that the 1995 prenuptial agreement was put together in such a way that it is virtually invalid.
The agreement states explicitly how the couple's assets are to be divided in the event of a divorce, but also states that Alexandra must be given adequate financial provisions for her own maintenance - and this money can only be taken from Prince Joachim's private assets. Taking alimony payments from Joachim's private funds would pose an unequal division of the couple's assets under the Danish Marriage Act, rendering the entire prenuptial agreement null and void.
"The prenuptial agreement mixes two clauses together. First, it states how the division of assets will be undertaken. Then in paragraph two, it changes this in the event of a separation or divorce. This is a violation of the Danish Marriage Act and renders the prenuptial agreement null and void," said one family law expert who spoke with Jyllands-Posten on condition of anonymity.
The Royal Law, a special law dating from 1665 concerning the legal status of the Royal Family, will likely be important in interpreting paragraph two of the Danish Marriage Act, as well as in determining whether the 1995 prenuptial agreement is still valid. The law secures members of the Royal Family different rights than Danish commoners, and will likely allow for a more liberal interpretation of the legal status of the Royal Court.
In the present situation, it may mean that the 1995 prenuptial agreement is upheld - even though it is in violation of the Danish Marriage Act
Prenuptial agreements have traditionally been a requirement for royal marriages. Queen Margrethe and Prince Henrik signed a pact before their 1967 marriage, as did Crown Prince Frederik and Princess Mary.
Upon her marriage to Joachim, Princess Alexandra received a number of jewels as well as the Order of the Elephant, Denmark's most prestigious chivalric order. Ultimately, legal experts say, it will be up to the Queen to determine what Princess Alexandra may keep after her divorce from Joachim is finalized.