John M. Feather v. Kelly D. Feather

Summary

The Pennsylvania Superior Court held that the trial court lacked subject matter jurisdiction over a separate declaratory judgment action concerning the enforceability of the parties' prenuptial agreement while a divorce action was pending. The court vacated the trial court's order as a nullity and dismissed the petition for declaratory judgment, without prejudice to raising the issues in the pending divorce action.

Holdings

1. The trial court lacked subject matter jurisdiction because the Declaratory Judgments Act specifically precludes declaratory relief in an action in which a divorce or annulment is sought, except for a proceeding under 23 Pa.C.S. § 3306 concerning the validity of the marriage. A separate action addressing the enforceability of a prenuptial agreement is not a § 3306 marital-status proceeding.
2. The court did not reach the merits of the prenuptial agreement's validity or enforceability because the trial court lacked subject matter jurisdiction over the separate declaratory judgment action.

Questions Presented

1. Whether the trial court had subject matter jurisdiction under the Declaratory Judgments Act to determine the enforceability of the parties' prenuptial agreement in a separate declaratory judgment action while a divorce action was pending.
2. Whether the trial court erred in upholding the validity of the prenuptial agreement when Wife allegedly had no opportunity to consult counsel before executing it.

Disposition

vacated