FIrst of all if your wife is pregnant and cheating then you absolutely have to question paternity. 1 in 3 disputed fathers are in fact not dad. Mom is not going to admit it hello? Don't be that ignorant of the reality. It means she loves him more than you or she is simply that lacking in good moral character. Also make sure part of this involves moms willingness to consent to a paternity test immediately after birth and put that agreement in writing. The time to think about not being embarrassed was before cheating, 2nd, if she will sign a mid marriage agreement in exchange for remaining married now, and you word it properly it should hold up down the road if you ever become divorced. the language must be professional of course. If she refuses any of this at all, accept that she really does not love or respect you enough and immediately divorce her and you can address whatever child issues you have after the birth. Don't waste your life while the stress kills you and your wife inherits it. i have seen too many good people ruin themselves in this fashion. Seriously, respect yourself. Good luck.
Any midnuptial/postnuptial agreement has to address potential coercion or duress. But the one you outlined would not be enforceable.
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Post nuptial agreements are the most vulnerable for holding them valid. They must be done correctly and not in a state of duress. I also believe that one with terms of fault which you describe may not be enforceable. You definitely need legal assistance for this one.
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I don't think that duress would be as big an issue as "unconscionability." An agreement has to be at least somewhat fair for a judge to enforce it. It might be more realistic to determine exactly what will happen if you divorce - saying how much alimony and for how long. Minimize the legal fees if things don't work out. Also, you could look into a Limited Divorce, which caps your liability on equitable distribution and alimony. You can't address custody or CS in an agreement, though, that's against public policy.
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I agree with Attorney Ceretto. Good answer.
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