“A prenup is a safety net for your finances,” explains Theresa Wright, solicitor at Britton & Time law firm. “The purpose of a prenup is to ring-fence wealth such as inheritance, businesses and family wealth, and are more common when one party is significantly wealthier than the other.”
At 33 years old, the Duke of Westminster is among the wealthiest individuals in Britain. Following the inheritance of his late father’s title and control of the Grosvenor Estate in 2016, his net worth now stands at £10.127 billion, and he is ranked 15th on the Sunday Times Rich List 2024 for his wealth.
According to Theresa, it is probable that the Duke of Westminster signed a prenuptial agreement prior to his wedding on Friday.
“If he hasn’t, he can still execute a postnup,” she adds.
While the Duke’s notable wedding garnered media attention akin to that of a royal wedding, a high-profile divorce would attract even more. “Having a prenuptial agreement could prevent such conflict and public scrutiny,” Theresa suggests.
Although Miss Olivia Henson may have secured Britain’s most eligible bachelor, a prenup would likely safeguard his billionaire fortune in the event of a separation.
“Prenups cover everything from property to debts, income, inheritance, family wealth, heirlooms, and more. If the Westminster’s have one, it will likely include that Mr Grosvenor will keep all of his wealth should the couple separate.”
Theresa explains that in England and Wales, prenups (and postnups) are not legally binding, but they are persuasive. What this means is that provided that the prenup is drafted in a certain way and is fair, the court is likely to follow the agreement, but the court has complete discretion to overrule it.
“Prenups are subject to specific requirements to maximise their persuasiveness, and it’s likely that the Duke of Westminster was well-informed of these when his agreement was drafted.
“These requirements ensure that the agreement is fair, voluntarily entered into (i.e. there was no pressure from either party), and fully understood by both parties, contributing to its overall persuasiveness. Importantly, it must also not leave one party in a very bad financial position following separation.
No newlywed wishes to consider the prospect of separating from their love, but securing a practical and fair future for both parties has been considered to be “one of the most romantic things a couple can do. The agreement must be fair.
“Prenups must be entered into voluntarily, with both the Duke and his wife fully understanding the agreement. A prenup cannot leave one person in a very bad financial position.”
If the Westminsters did arrange a prenup it is most likely it was finalised at least 28 days before their wedding. “This time frame is essential to avoid any last-minute stress,” says Theresa.
“It also ensures that the court would not infer any pressure, such as that the wedding would not have gone ahead if the prenup was not signed. It would be the hope that the Duke of Westminster made sure any prenup he had was signed well before this to prevent this assumption.”
