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 questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.
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 attorney should be taken only after careful consideration. Jeff Padgett's profile and any answers to questions given is strictly for the purpose of advertising his services.