Can verbal abuse be grounds to cancel a prenup?

Asked over 2 years ago - Ridgeland, MS

My mother has been in a verbally abusive marriage for 11 years. She signed a prenup and cannot take the abuse any more. He repeatedly tells her he does not love her and that she is a worthless, stupid woman. He made her quit her job, but screams at her like scolding a child when she asks for money for groceries. Can this break a prenup so she gets something to leave with? Without, she has nothing.

Attorney answers (2)

  1. Howard M Lewis

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    Contributor Level 20

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    Answered . I am sorry that she is going through this and no one should have to deal with such abuse. It is important that whoever answers this question read your pre nup in relation to the law in MS. Also, please keep in mind judges have alot of power and even if the pre nup is upheld the court could hear testimony regarding the abuse and punish him while rewarding her in some equitable fashion. I hope that things get bettter, your mothe deserves to be happy and she is lucky to have you helping her. Take care.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to... more
  2. Jeffrey J. Padgett

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    Contributor Level 13

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    Answered . I'm sorry for her situation. She needs to have someone go over the prenup. Some have escape clauses, but others don't. It really depends on what it says. It's worth the time and money to have an attorney experienced in these matters look it over and advise her.

    The state of Mississippi does not certify lawyers in any specific category of law and the decision to hire an... more

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Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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