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  • Wesley  Tran VS Salma  SantanaDomestic - Divorce/Alimony document preview
  • Wesley  Tran VS Salma  SantanaDomestic - Divorce/Alimony document preview
  • Wesley  Tran VS Salma  SantanaDomestic - Divorce/Alimony document preview
  • Wesley  Tran VS Salma  SantanaDomestic - Divorce/Alimony document preview
  • Wesley  Tran VS Salma  SantanaDomestic - Divorce/Alimony document preview
  • Wesley  Tran VS Salma  SantanaDomestic - Divorce/Alimony document preview
  • Wesley  Tran VS Salma  SantanaDomestic - Divorce/Alimony document preview
  • Wesley  Tran VS Salma  SantanaDomestic - Divorce/Alimony document preview
						
                                

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)