in the Matter of the Marriage of I.C. and Q.C. and in the Interest of S.C. and K.C., Children

While I join the Court's opinion in its entirety, I write separately to highlight the effect of Texas Family Code chapter 4 on suits to set aside premarital agreements as well as the nature of the rescission remedy. And I believe it is worth noting that, had Rebecca been successful in her request for rescission and obtained that remedy, the forfeiture clause, like the rest of the agreement, would be effectively null.

By the agreement's terms, Rebecca agreed to forfeit her right to a specified cash payment if she "[sought] to invalidate some or all of th[e] Agreement, or [sought] to recover…