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They would if they wanted to protect themselves. If they dont then I have no sympathy for themLOL, that really isn't how it would work though. There isn't much reason to believe that most who have sex would think to do this. That would make such a law pointless because it would rarely be used. Plus, it would provide a paper trail when it comes to affairs.
So then if they get married that contract should still hold up? That's bullshit. Even someone who marries a woman who has a child takes on responsibility for her kid if he is actively taking on the roll of father in that child's life.
Let's try it. If no one uses it then what is the problem?
The truth is the resistance comes because a lot of guys would use it