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Article Highlights:

  • What is sovereign immunity and does Prince Andrew have it?
  • What is the marital privilege rule?
  • What Sarah Ferguson has said recently about her embattled ex-husband
Sarah Ferguson and Prince Andrew photographed standing next to each other during  Royal Ascot
Sarah Ferguson and Prince Andrew photographed standing next to each other during Royal Ascot | Adam Davy/PA Images via Getty Images

There’s a lot going on lately with members of the royal family from the rift between Prince Harry and other senior royals to Princess Beatrice welcoming her first child to the queen’s son Prince Andrew‘s legal troubles. The family may have thought they could brush the years of sexual abuse allegations against the Duke of York under the rug until Andrew’s accuser filed a lawsuit against him. Now, with reports swirling that Andrew will do anything to save himself, the chatter of him remarrying his ex-wife Sarah Ferguson has been brought up by royal watchers. Here’s more on why the Duke and Duchess of York may be walking down the aisle again.

What is sovereign immunity and does Prince Andrew have it?

Prince Andrew was forced to step down from his royal duties following his 2019 “car crash” Interview with the BBC in which he denied the accusations that he had sex with alleged Jeffrey Epstein victim Virginia Roberts Giuffre when she was a minor. Prior to Giuffre filing the civil lawsuit, U.S. prosecutors stated that Andrew had been unwilling to speak to law enforcement about his association with Epstein. A question that has come up a number of times is: Does the prince have Sovereign Immunity?

Many royal fans have heard of Sovereign Immunity but aren’t quite sure what it is or if it applies to Andrew’s situation. According to the royal household’s website, sovereign immunity means that “civil and criminal proceedings cannot be taken against the sovereign as a person under U.K. law.”

That law, however, only applies to Queen Elizabeth II not the rest of her family. Therefore, Andrew does not have that protection in this matter.

What is the marital privilege rule?

Prince Andrew and Sarah Ferguson on their wedding day in 1986
Prince Andrew and Sarah Ferguson on their wedding day in 1986 | John Shelley Collection/Avalon/Getty Images

Andrew and Fergie were married on July 23, 1986. They divorced following what became known as Sarah’s toe-sucking scandal with businessman John Bryan. Over the years the two have remained very close and even live under the same roof. This has led to rumors that they are considering getting hitched again and some believe that could happen sooner than later because of the Marital Communications Privilege.

The Royal Observer noted that under that, any “communications privately disclosed between a husband and wife are protected.” Moreover, “either spouse may invoke the privilege and prevent the other from testifying about their private marital communications in a civil or criminal matter.”

This has led to the conclusion that Andrew and Sarah will be rushing to say “I do.” However, that may not be the case as the duke and duchess don’t need to get remarried to invoke the privilege because it can be “asserted by a spouse even after divorce to protect confidential communications that were made during the marriage.” So if Sarah knows anything pertaining to Epstein or his alleged victims she cannot testify under the communications privilege.

What Sarah Ferguson has said about her embattled ex-husband?

Prince Andrew and Sarah Ferguson having a conversation during Royal Ascot
Prince Andrew and Sarah Ferguson having a conversation during Royal Ascot | Max Mumby/Indigo/Getty Images
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If Sarah and Andrew do decide to tie the knot again it won’t be in an effort to try and save the prince from any legalities. Married or not the Duchess of York has made it clear exactly how she feels about Andrew and that she still honors their wedding vows.

During an appearance on the British TV program Lorraine, Sarah said that Andrew is “just such a good man. He’s a really thoroughly good man, he’s a very gentle man.”

And while in Poland recently Fergie revealed that she still stands by her wedding vows. “I kept my commitment, no matter what. People said: ‘You got divorced’… They don’t know how I feel. Divorce is one thing, but my heart is my oath, my obligation,” she told Polsat News.