Preview
IN THE SUPERIOR COURT OF DEKALB COUNTY
STATE OF GEORGIA
WESLEY TRAT
Petitioner,
CIVIL ACTION
v
FILE NO:
SALMA SANTANA,
Respondent,
SETTLEMENT AGREEMENT
THIS AGREEMENT made and entered into by and between Wesley Tran (hereinafter called
"Petitionet") and Salma Santana (hereinafter called Respondent")
;
WITNESSETH:
WHEREAS, the parties to this Agreement were married on or about August 10, 2019 and, in
consequence of ceriain irreconcilable differences are now living in a bona fide state of separation; and
WHEREAS. the parties do not have any minor children; and
WHEREAS. the parties are desirous of settling between themselves all matters of equitable division
©! property, and all other claims cach may have against the other arising from their marital
relationship, and
WHEREAS. the parties desire that this Agreement be incorporated into the Final Judgment and
Ueeree of Divorce which shall be entered in the foregoing action; and
WHEREAS, cach pany is acting freely and voluntarily, under no compulsion or duress, and in
consideration of the present income, eaming capacity, and financial circumstances of each of the parties;
SC wite \ X Huston
«
NOW THEREFORE, in consideration of the premises and the mutual promises herein contained
and for other good and valuable consideration, the sufficiency and receipt of which is hereby acknowledued,
the parties do agree as follows:
SEPARATION
‘The Parties shall continue to live as separate individuals and cach one shall be free from all
inierferenee and control by the other, as fully as ifunmarried, and cach may reside at such places as they
may choose,
2,
QUITABLE DIVISIO)
Automobiles
Petitioner shall have exclusive use and possession of the 2012 Honda Accord vehicle in his name.
Petitioner shall be responsible for all debts and expenses related to said vehicle, and Respondent waives
any and all right and/or title to the same, If required, Respondent shall cooperate and sign any needed
documents to transfer the title to this vehicle solely into Petitioner's name only within 30 days of the date
of this Agreement.
Respondent shall have exclusive use and possession of the vehicle in her name. Respondent shall
be responsible for all debts and expenses related to said vehicle, and Petitioner waives any and all right
and/or title to the same. If required, Petitioner shall cooperate and sign any needed documents to transfer
the Utle to this vehicle solely into Respondent's name only within 30 days of the date of this Agreement.
Real Property
The parties each represent and warrant that they own no other real property.
AA wite Ww x
ine Husband
eee pacman
Personal Property
The parties have divided all other marital property, including any real °, vehicles, household
furniture, fumishings, household goods, equipment. bank accounts, pensions, retirement accounts, and
other personal property, Neither party shall claim any of the property in the
possession of the other party as
of the date of signing this agreement, except as provided in this Agreement.
A ccounts, Retirement, and
asecen
Scttrement, Other Assets
and Other Assets,
Pp etitioner shall have title
and exclusive use and possession of all retirement assets in his/her name
only. and Respondent waives any and all right, title, and interest to same.
Respondent shall have title and exclusive use and possession of all retirement assets in his/her name
only, and Petitioner waives any and all right, title, and interest to same.
The parties shall cooperate with each other and remove their names from all joint accounts,
The parties cach represent and warrant that the above list of accounts and retirement assets is
complete. The partics cach represent and warrant that there are no undisclosed accounts or retirement assets
other than those listed above.
3.
LIMONY
Neither party shall pay alimony one to the other past present or future. Pursuant to Vam v. Var,
The partics hereby waive their statutory right to future modifications, up or down, of the alimony
hayments provided for herein, based upon a change in the income or financial status of either party.
-
SS Wife Ww'4 Husband
a 1 SE -GET P S P
r
MARITAL TF
Peitioner shall pay and be responsible for the following marital debts and expenses:
a) Debt and expenses related to his/her vehicle, including car insurance;
b) Rent and expenses related to his/her residence:
©) Navy Federal Credit Cant with a current balance of $5,000.00;
d) Any other Credit and/or charge accounts in his/her name only; and
©) Any and all other debts and expenses in his/her name only:
Respondent shall pay and be responsible for the following marital debts and expenses:
©) Debt and expenses related to his/her vehicles, including car insurance;
b) Rent and expenses related to his/her residence;
¢) Credit and/or charge accounts in his/her name only; and
4) Any and all other debts and expenses in his/her name only.
Petitioner shall pay and be solely responsible and liable for any and all other debts and personal
expenses in his name only, and he shall indemnify and hold Respondent harmless from same. Respondent
shall pay and be solely responsible and liable for any and all other debts and personal expenses in her
name only, and she shall indemnify and hold Petitioner harmless from same.
Petitioner shall remove his name from any credit accounts for which Respondent is responsible,
enc Respondent shall remove her name from any credit accounts for which Petitioner is responsible. The
perties agree to close any jointly liable credit accounts the parties have shared.
4
SI wite \w \ Husband
Sm ET scent ~
NO TAX ADVICE,
Each party understands that the legal services rendered by their legal counsel are
not advice as to
the Lax consequences of this Agreement. The parties’ legal counsels are not tax experts.
Each party
recognizes and understs ds that he or she has the opportunity to have this Agreement reviewed by an
account. ant oF other tax professional prior to signing it, and each party is advised
to do so prior to signing,
WAIVER OF DISCOVERY AND RIGHT TO JURY TRIAL
Before executing this Settlement Agreement, Husband and Wife were both advised of their rights
under the Georgia Civil Practice Act to conduct formal discovery. Except for the
discovery actually
sought and obtained, each party has knowingly and voluntarily chosen to forego such discovery, and cach
party has accepted the provisions of this Settlement Agreement on the basis of information
acquired.
Before executing this Settlement Agreement, Husband and Wife were both advised of their rights
to a jury trial. Each party, by signing this Settlement Agreement, knowingly and voluntarily chooses
to
Waive his/her right to a trial by jury, and cach withdraws any demand for jury trial filed in connection
with this divorce,
BANKRUPTCY CONSTRUCTION OF THIS AGREEMENT
Each party acknowledges that, but for the payments provided here, the other party’s financial
independence would be impaired. Therefore, it is the parties’ intention that if either party ever seeks
bankruptcy protection, the amounts payable under this Agreement shall not be dischargeable in
bankruptcy under 1] United States Code Section 523(a)(5), as the payments are in the nature of spousal
S¢ Wife we Husband
aE © Shae s ini sue SEE ce . De
support and mamtenance. Altematively, the payments shall be non-dischargedbhle tn bankeuptey iW
United States Code Section $23(a)(15).
YOLUNTARINES JE MENT
The parties acknowledge that they have entered into this Agreement freely and voluntarily, and it
isnot the fesull of any duress or any undue influence. We understand that we do not have to enter into this
Agreement, (hat we have the right to trial before a judge or jury on all issues that could be raised in this
action. We also understand that we have the right to certain discovery procedures that may reveal other
income or assets of the other party, We have agreed to enter into this Agreement based on our knowledge
of the income and assets of the parties and their written statements in this Agreement. After considering
all of this, we have decided to enter into this Agreement freely and voluntarily.
9.
COMPLETENESS OF AGREEMENT
This Agreement constitutes the entire understanding of the parties, There are no representations
or promises other than those expressly included in this Agreement. Each party hereby states under oath
that the financial representations in this Agreement are accurate and complete, to the best of that party’s
information, knowledge and belief.
10.
UNDERSTANDING AGREEMENT
The parties acknowledge: that they are entering into this Agreement freely and voluntarily, that
they have carefully read cach page of the Agreement before signing; that they have ascertained and
6
SS Wife WW __ Husband
— was i cose si Soe
RSTa LT at -ear
weighed all the facts and circumstancesof this case; that they have sought and obtarnicd lepal der
waived independent legal advice: that they understand all the provisionsof this Agreement: thal they hav
carefully considered this Agreement; and that they ¢ ly understand
and consent to this Agreement Thy
parties acknowle, that cach is mentally competent, and neither are not suffering under any disabrlitii
1.
FULL DISCLOSUR!
Each party warrants and represents that this Settlement Agreement: 1) divides all marital ass els of
the parties: 2) that there are no undisclosed marital assets which would be subject to division of property;
and 3) that there are no undisclosed non-marital assets. The parties agree that failure to disclose any asset
would constitute “willful misrepresentation of a material fact” pursuant to O.C.G.A. §§ 13-4-60, et seq.
and $1-G-1 et seq. to support an action to rescind this Settlement Agreement and for damages for fraud.
The parties further agree that failure to disclose any asset would constitute sufficient “fraud, accident, or
mistake” for relief the Court’s Final Judgment and Decree of Divorce pursuant to 0.C.G.A, § 9-11-60.
12.
BINDING AGREEMENT
‘The terms and provisions of this Agreement are binding upon the heirs, successors, assigns, and
other representatives of the parties hercto,
13.
LEGAL REPRESENTATION, ATTORNEY’S FEES, AND LITIGATION EXPENSES
S$ Wife Ww f Husband
af i
ach party shall pay and be responsible for his/her own attorneys’ fees and costs of Litt 1
agree to hold the other harmless therefrom, Petitioneris represented by Attorney Ryan Castellon, bog. of
Jafle Family Law, and Respondent is proceeding pro-se, without an attorney. Respondent has been given
the oppertunity to consult with his/her own counsel and is aware of his/her right to do so,
14.
RELEASE
Except as provided in this Agreement, each party hereby waives and releases any and all marital
Tights and claims, including alimony, division of property, dower, courtesy, year's support, and any rights
of inheritance pursuant to the laws of intestacy, which rights and claims each party may now have against
the other, or the estate of the other, by reason of the marriage of the parties. Both parties waive any legal
tight he or she may have to be appointed executor or administrator of the estate of the other except as the
deceased party may have designated in his or her Will. All property received or retained by either party
under this Agreement, whether or not such property is specifically mentioned herein, shall be and remain
the separate property of the party receiving or retaining that property and that property shall be free from
any clarm by the other or his or her estate.
15,
PARTIAL INVALIDITY
In the event any court of competent jurisdiction shall declare any part of this Agreement invalid or void,
such declaration shall not invalidate the entire Agreement, and all other portions of the Agreement shall
remain in effect
SC Wife A Husband
x Ten on
lo,
NO WALVER IF BREACIT
Each party agrees that there shall be no oral modifications of this Agreement. Any change shall
be approved by a Georgia court of competent jurisdiction prior to any change becoming bindinys on either
pa y. No waiver or any bre ch hereofor default hereunder shall be deemed a waiver of any subsequent
breach or default ofthe same or similar nature.
17,
GEORGIA LAW
This Agreement shall be applied and interpreted exclusively by the laws of the State of Georgia.
18.
INCORPORATION I ‘ol IRT’S F .L ORDER
OF DIVORC:!
The parties agree that this Settlement Agreement shall be incorporated into the Court's Final Judgment
and Decree of Divorce and shall be binding upon signing.
19,
EFFECT OF DIVORCE
Both parties understand that this Agreement does not require them to continue to live separately
or to proceed with an action for divorce. However, if either party brings or maintains an action for
divorce, this Agreement shall be presented to the court and incorporated by reference into any judgment
concerning the matters covered by the Agreement. Even if it becomes part of a divorce judgment, this
Agreement shall survive and can be enforced independently from the judgment of divorce.
S$ Wife _ Husband
wena menecmon
20,
E CTIVE DATE
This Agreement shall become fully effective and binding on 3C)_ day of Ayev \ \
2024, which shall henceforth be known as the “date of execution of this Agreement.
EN WITNESS WHEREOF, the parties hereto have hereunto set their hands and affixed their seals on the
day of , 2024.
PETITIONER:
MAM =
-
Wesley Tran Salma Santana
Signed, sealed and delivered in Signed, sealed and delivered in
the presence of: the presence of:
4
“1A Ma wale
Notary Public Notary Public
ils
OG seteeesy,
NAVA
oe
W%
%,
SSION 2s,
2%
aG o .OTARL ae ae
=7 =o
LA igs
Pup Oo
ton Ee
&
eee 7
“4, li UNT ‘a See ated manlt
ak
EPeeyas
10
S Wife \W“(_Husband
= iii
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of San Diego )
on 04/30/2024 before me, Hoge Memos Merhary Po blee.
Yinsert name and title of the’officer)
personally appeared Baliias Kacyme Santana
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
| certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
1
jpunanoneeNvooONNDNDNNN
WITNESS my hand and official seal.
COMM. 2479884
Nea NOTARY
PUBLIC - CALIFORNIA!
He ‘SAN DIEGO COUNTY
in eenvaneenesivaecnanusss®
Signature de Ae (Seal)