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IN THE SUPERIOR COURT OF DEKALB COUNTY
STATE OF GEORGIA
SHAWNA LAWRENCE,
Petitioner, CIVIL ACTION FILE NUMBER:
and 24FM5016
SHAWN LAWRENCE,
Respondent.
SETTLEMENT AGREEMENT
THIS AGREEMENT (“Agreement”) is made by and between SHAWNA LAWRENCE (sometimes
hereinafter referred to as "WIFE") and SHAWN LAWRENCE (sometimes hereinafter referred to as
“HUSBAND’);
WITNESSETH:
WHEREAS, the parties hereto were married on or about March 16, 2013; and
WHEREAS, the parties have lived in a bona fide state of separation, and acknowledge that there
exists no chance of reconciliation; and
WHEREAS, there are no Minor Children as a result of this marriage and no more are expected;
WHEREAS, Wife has filed or intends to file or has filed an action for divorce in the Superior Court of
Dekalb County, Georgia, and the parties have settled between themselves all matters of alimony, equitable
division of property, as well as their respective interests in all real and personal property and all other assets
acquired during the marriage, and all other claims each may have against the other rising from the marital
relationship; and
WHEREAS, each party is acting freely and voluntarily, under no compulsion or duress, and in
consideration of the present income, earning capacity, and financial circumstances of each of the parties;
and
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NOW THEREFORE, in consideration of the premises and mutual promises herein contained, and
for other good and valuable consideration, the receipt of which is hereby acknowledged, the parties do agree
as follows:
1
STATUS OF PARTIES
Husband and Wife shall continue to live separate and apart, and each shall be free from the
interference, authority, and control, either direct or indirect, of the other, except as may expressly be provided
in this Agreement. Without regard to the other provisions hereof, each may reside at such place or places
as either he or she may select, and each may, for his or her own separate use and benefit, engage in any
employment, business or profession, which he or she may deem advisabie. Neither will accuse, in any legal
proceedings or otherwise, the other of abandoning his or her spouse.
2
HEALTH INSURANCE AND EXPENSES OF THE PARTIES
Within 30 days of the entry of the Final Judgment and Decree in this case, each party shall be
Tesponsible for maintaining and paying for his or her own medical, dental, and hospitalization insurance
coverage. From the date of the execution of this Agreement, each party shall be responsible for his or her
own medical, dental, and hospitalization expenses not covered by insurance, including, but not limited to, co-
pays, deductible amounts, and uncovered medical, drug, clinic, optical, orthodontic, dental, and hospital
expenses.
3,
REAL PROPERTY
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Marital Residence: The parties entered into a Joint lease for an apartment located at 4150 Ashford
Dunwoody Rd Apt 1265, Brookhaven, Georgia 30319, serving as their marital residence. The parties mutually
agree to allow the lease to terminate on June 7th, 2024. Husband acknowledges and agrees to vacate the
premises on or before May 31st, 2024. Effective June 1st, 2024, Wife shail be entitled to sole access to the
premises and assumes full responsibility for all associated expenses, encompassing but not limited to the
lease and utilities. In the event that Husband causes any damages to the apartment that would hinder the
teturn of the security deposit, Husband expressly waives any and all rights to the security deposit.
4,
FURNITURE, FURNISHINGS AND OTHER PROPERTY
The parties have made an amicable division of their household furniture, furnishings and personal
effects, and neither party shall claim any property in the possession of the other party on the date of signing
this agreement.
Unless otherwise specified in this Agreement, the parties stipulate that all other personal tangible
property of the parties has been amicably divided, that each of the parties is currently in possession of his or
her own personal property, and that neither party shall hereafter make any claim against any personal
property that is currently in the possession of the other party.
5.
VEHICLES
The parties further agree that each party shall have permanent exclusive possession, use, and
control of any vehicles currently in said party's possession and shall pay all expenses and costs associated
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with their individual vehicle. As of the date of this Agreement, the parties will each be responsible for ensuring
the coverage for their separate vehicles.
A. Wife's Automobiles / vehicles: As a part of the equitable division of properly, Husband does hereby
grant to Wife any and all rights, title, interest, possession and use he may have in and to the 2014
Lexus 350. Wife agrees that she shall be responsible for any and all expenses in connection with
said automobile, including, but not limited to, the monthly car notes, insurance (upon expiration of
the policy in force that is in effect on the date of this Agreement), maintenance, taxes and title to said
automobile, and that she shall henceforth be responsible for any and all expenses related to said
vehicle and that she shall fully indemnify Husband and hold him harmless from any losses or
expenses of any kind related to the vehicle, except as otherwise set out herein. Husband shalt
cooperate in whatever action(s) that may be needful and necessary to transfer record title of said
automobile to Wife.
Husband’s Automobiles / vehicles: As a part of the equitable division of property, Wife does
hereby grant to Husband any and all rights, title, interest, possession and use she may have in and
to the 2011 Jeep Compass. Husband agrees that he shall be responsible for any and all expenses
in connection with said automobile, including, but not limited to, the monthly car notes, insurance
(upon expiration of the policy in force that is in effect on the date of this Agreement), maintenance,
taxes and litle to said automobile, and that he shall henceforth be responsible for any and all
expenses related fo said vehicle and that he shall fully indemnify Wife and hold her harmless from
any losses or expenses of any kind related to the vehicle, except as otherwise set out herein. Wife
shall cooperate in whatever action(s) that may be needful and necessary to transfer record title of
said automobile to Husband.
6.
EQUITABLE DIVISION OF FINANCIAL ACCOUNTS
A Joint Accounts: Within Thirty (30) days of the entry of the Final Judgment and Decree of
Divorce, the parties shall take such actions necessary to any close jointly held accounts joint and any sums
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Temaining therein divided equally (60/50) between the parties. The parties stipulate that once any
funds/money has been divided in accordance with this Agreement, each party shall take necessary steps to
effectuate any and all documents required for closure of the accounts, or, in the alternative, the removal of
the other party's name from said account. The closing or remaining party on the account upon request shall
deliver written proof of ownership of the account to the other party.
B Individual Accounts: Wife shall retain all interest in any checking accounts, savings,
accounts, money market accounts, certificates of deposit, 401(k) plan, individual retirement account(s),
pension, stocks, bonds or other investment vehicles or accounts which bear her name individually or jointly
with a third party, free and clear of any claim of Husband, Husband shall retain all interest in any checking
accounts, savings, accounts, money market accounts, certificates of deposit, 401(k) plan, individual
retirement account(s), pension, stocks, bonds or other investment vehicles or accounts which bear his name
individually or jointly with a third party, free and clear of any claim of Wife.
7.
INCOME
Alt income, earnings, or other property received or acquired by either party to this Agreement on or
after the date of execution of this Agreement shall be the sole and separate property of the receiving or
acquiring party. Each party, as of the effective date of this Agreement, does hereby and forever waive,
release, and relinquish all right, title and interest in ali such income, earnings, and other property except as
necessary to collect any sums due hereunder in the event of default.
8
RETIREMENT ACCOUNTS
Except as otherwise detailed herein, each party shall be entitled to retain the exclusive ownership
and possession, free and clear of any claim of the other (said other party hereby releasing and relinquishing
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any interest therein), of any retitement accounts, pension or profit-sharing funds or accounts, employee
savings plans, employee stock plans, individual retirement accounts, 401k plans, disability benefits, other
government benefits, insurance policies, stocks, bonds, commodities, certificates of deposit, and any and all
other sums of cash in any depository account of any kind, character, or description currently litled in their
individual name together with any incumbent pension, annuily or retirement benefits; any accumulated
contributions in any such pension, annuity, or retirement benefits; any right or contingent right in and to any
such unvested pension, annuity or retirement benefits.
Each of the parties hereby releases and waives any claim that he or she may have in any plan titled
in the name or held for the benefit of the other party. Each party shall have full and absolute title to and
beneficial interest in any such plan now titled in his or her name or held for his or her benefit, free from any
claim of the other party now and forever from the date of the execution of this Agreement.
Except as otherwise agreed in this section, the parties hereby waive any and all interest in and to
the other party's retirement benefits (pension, deferred compensation/benefit, or otherwise) for purposes of
property division in this domestic relations action.
The parties acknowledge and agree that this provision has no effect on any amount a party is entitled
to or receives pursuant to the Divorced Spouse Benefits from the Social Security Administration.
9
SEPARATE PROPERTY
All pre-marital assets, gifts, and inheritances of either party shall be retained and assigned to the
party who owned the asset or property prior to the marriage, Each party shall retain any gifts or inheritances
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received by that party during the course of the marriage, and each party waives any support or claim to any
inheritance the other party has against the other.
10.
DEBTS
A Husband and Wife agree that each shal! be solely responsible for all debts of any nature
which each has incurred or will incur in his or her individual name, including, but not limited to, all credit cards,
lines of credit, morigages, leases, or other debts. To the extent there are any jointly titled credit cards, or
cards in the name of either Husband or Wife on which the other is an authorized user, and except as otherwise
expressly set forth herein, Husband and Wife agree that neither will incur, and each shall indemnify the other
for, any credit card debts on any such cards that he or she may have. Unless otherwise expressly set forth
herein, any and all joint credit card accounts or cards on which the other parly is an authorized user, shall
immediately be either closed or the other party's name removed from said account, and the balance on each
such account shall be paid in full by the party incurring the charges.
B In the event of the death of either party prior to payment in full of all debts for which he or
she is responsible, pursuant to this Agreement, the remainder of any such debts shall be a charge against
his or her estate.
Cc. Husband and Wife both represent and warrant to each other that they shall not incur any
debts or make any contracts for which the other or the other's estate may be liable from the date of this
Agreement. If either party violates this provision, and as a result thereof one party is obligated to make a
payment or payments for the other party, the violating party agrees to indemnify the paying party for the
amount of such payment and attomey's fees, which may be incurred by said parly to enforce this indemnity
provision. Both parties acknowledge and warrant that each of them has made a full and complete disclosure
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of all liabilities owed on any unpaid jointly held credit accounts and each party shall be responsible for all
debts in their own name, unless otherwise described herein.
D Joint Debts. The parties acknowledge they have no jointly held credit cards or charge
accounts.
11.
ALIMONY
Each parly expressly waives and releases forever the other from any right to petition for modification
of present, past or future alimony payments under existing or future laws or statutes of the State of Georgia
or any other state or country in which the parties may be residing. In consideration of the promises
hereinabove contained, it is further agreed between the parties that each party does forever release and
relieve the other of any claim or claims pertaining to alimony he or she might have been entitled to either in
the past, present or the future as a result of the aforesaid marriage union under existing or future laws or
statutes of the State of Georgia or any other state or country in which the parties may be residing. Each of
the parlies specifically waives any right he or she may have had under the laws of the State of Georgia to
bring an action to modify this alimony provision based upon any change in the income or financial status of
either of the parties including, but not limited to, the provisions set forth in 0.C.G.A. §§ 19-6-18, 19-6-19 and
49-6-23. It is the intention of the parties that this provision be broadly interpreted so that it meets the
requirements of Varn vs. Varn, 242 Ga, 309, 248 S.E.2d 667 (1978).
12.
CELL PHONES
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Each party shall be responsible for providing his or her own cell phone service. Each party shall
have exclusive use and enjoyment of the cell phone in his or her possession at the time of the execution of
this Agreement.
13.
ATTORNEY FEES
The parties agree that each parly shall be responsible for their own attorney's fees and expenses of
litigation in connection with this action. In the event that Husband does not retain counsel, Husband shall
reimburse Wife for Fifty (60%) of the attorney's fees incurred in litigation within Thirty (30) days of the
execution of this Agreement.
14.
UNDISCLOSED DEBT AND LIENS
Any debt or lien which has not been disclosed fo the other party shall be the sole responsibility of the
party who has failed to disclose same and of the party who has incurred or acted so as to incur such lien, and
the party incurring such lien shall indemnify and hold the other party harmless from all liability associated
therewith.
18.
TAX ADVICE
Each party acknowledges and represents that he or she is entirely responsible for the tax
consequences related to the settlement of this case, except as specifically stated herein. Each party agrees
to rely upon the advice and counsel of his or her own accounting and tax representalive, if any, for the
determination of such consequences. The parties understand that no counsel named in this section has
undertaken to advise his or her client in the area of taxes or tax consequences relative to the parties’
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Agreement regarding taxes as embodied herein, and that each of the parties has had the opportunity to retain
or seek separate tax advice from a tax specialist relative to same. Each party specifically acknowledges that
Christina D. Perry, Esq. nor any partner, associate, or employee of The Siemon Law Firm, P.C. have not (1)
been asked to give any tax advice, (2) given any tax advice to Husband or Wife, (3) or explained or attempted
to explain income or estate tax consequences, implications, advantages, or disadvantages or any transfers,
conveyances, waivers or payments provided for within this Agreement. The parties acknowledge that they
have been advised to seek their own independent tax advice by retaining a certified public accountant,
account, tax attorney or tax advisor with reference to the tax implications involved in this Agreement.
For the 2024 tax year, and each year thereafter, the parties shall file separate income tax returns.
The parties shall execute any documents necessary to effectuate this provision and neither party shall file a
fax return that is inconsistent with this provision.
Each party shall pay and shall indemnify and hold the other harmless from payment of all
assessments of income taxes, interest or penalties imposed by all state and federal governments, attributable
to his or her respective income and deductions, regarding the filing of Joint returns during the entire term of
their marriage and shall pay any and all deficiencies which may be assessed. The party responsible shall
pay all reasonable and necessary legal, accounting and other professional fees incurred by the other in
preparation of, explanation of, or defense of such joint income tax returns. Each party shall promptly notify
the other upon receipt of any notice, inquiry or other correspondence from the State or Federal tax authorities
and each shall fully cooperate with the other regarding any such audit or inquiry of such taxing authority.
Notwithstanding that transfers conducted herein are done so with the intention of making tax free
transfers of marital assets as contemplated by the Tax Reform Act of 1984 as amended, each party shall be
responsible for and pay any and all income and capital gains taxes associated with the assets and accounts
he or she receives or retains pursuant to this Agreement.
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16,
EQUITABLE DIVISION OF ACCOUNTS
Except as provided herein, the parties have made an amicable division of any and all other accounts.
17.
ADVICE OF COUNSEL/DISCOVERY
It is expressly understood that this Settlement Agreement is being freely entered into, and each
party has had an opportunity fo have this Settlement Agreement reviewed by an attorney of his or her own
choosing. The Parties mutually agree and stipulate that Wife is represented by Christina D. Perry, Esq.
and The Siemon Law Firm, LLC and Husband is not represented by counsel, and each party is satisfied
with the legal representation they do or do not have. The Parties further acknowledge that this
Agreement has been prepared by Christina D. Perry, Esq. after mutual negotiation between both
parties.
The Parties mutually agree that each has read and fully understands his and her rights and
obligations of this Agreement, and the Agreement accurately sets out the agreements of the Parties.
The Parties acknowledge each to the other they have ascertained and weighed all the facts and
circumstances likely to influence their judgment in this matter. The Parties have entered into this
Agreement of his and her own volition, with full knowledge of the facts and information as to each Party's
legal rights and liabilities.
The Parties acknowledge they have sought and obtained, or have had an opportunity to obtain,
legal advice independently of each other, and they have been duly apprised, or have had an opportunity
to be apprised, of their respective legal rights.
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Further, alt of the provisions of this Agreement, as well as ail pertinent questions have been fully
and satisfactorily explained, and the Parties assent to all the provisions hereof, viewing the same as fair
and equitable and the Parties each believe the Agreement to be reasonable under the circumstances.
Husband acknowledges that he is fully satisfied with the services and performance of his
attorneys and that all questions he has have been answered fully and satisfactorily. The Parties, jointly
and severally, mutually remise, release and forever discharge their attorneys from any and all actions,
suits, debts, claims, demands and obligations whatsoever, both in law and in equity, which either of
the Parties ever had, now has or may hereafter have against the attorneys.
Both parties acknowledge that they have read this entire Agreement before signing same and that
they assent fo all the terms contained within, Both parties acknowledge their right to the compulsory
Discovery procedures (Interrogatories, Requests for Production of Documents, Notices to Produce, and
other procedures} available under Georgia law. EACH PARTY ACKNOWLEDGES THAT DISCOVERY
HAS NOT BEEN COMPLETED. Notwithstanding, both parties wish to proceed with this settlement of all
issues which have arisen in the marriage of the parties and in this action for divorce, all in an effort to bring
the matter to an expeditious conclusion and to reduce future expenditures for attorneys’ fees and other
expenses of litigation for either party.
18.
HOLD HARMLESS
Each party shall pay and hold the other harmless for any claims, debts, liabilities and obligations of any
nature whatsoever, contingent or otherwise, which that party has incurred individually or jointly with any third
person or persons. Each party promises to defend the other against any attempts by any of his or her creditors
to collect the same from the other party and further promises to indemnify the other party fully from any liability
and expenses, including legal expenses, which may result from his or her obligations. In the event that any
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creditor of one party obtains or attempts to apply a fien against any real or personal property in which the other
party has an interest, the first party shall promptly take such actions as may be necessary to remove said lien,
including but not limited to fully satisfying the obligation giving rise to the lien.
19.
RELEASE
Each parly hereby waives and releases any and all marital rights and claims, including alimony, division
of property, dower, curtesy, year's support, and any rights of inheritance pursuant fo 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 right 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
tetained 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 claim by the other or his or her estate.
The parties shall mutually release and forever discharge each other from any and all actions, suils,
debts, claims, demands and obligations whatsoever, both in law and equity, which each of them ever had,
now has or may hereafter have against the other upon or by reason of any matter cause or thing up to the
date of the execution of this Agreement.
20.
GOVERNING LAW
This Agreement and the application and interpretation thereof shall be governed exclusively by the
laws of the State of Georgia, without regard to its conflicts of law provisions.
21.
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ENTIRE AGREEMNT
Husband and Wife acknowledge that the provisions of this Agreement are made in full, final and
complete satisfaction and settlement of all claims of each party against the other respecting thelr marital life.
Except for those rights and claims for which this Agreement expressly provides, each party hereby waives
and releases any and all marital rights and claims, including, but not limited to, alimony, division of property,
dower, courtesy, year's support and any rights of inheritance pursuant to the laws in intestacy, which rights
and claims each party may now have against the other of the estate of the other by reason of the marriage
of the parties. Both parties waive any legal right he or she may have to be appointed executor of 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 mention
herein, shall be and remains the separate property of the party receiving or retaining that properly and that
properly shall be free from any claim by the other or his or her estates. This Agreement shall be binding upon
the heirs, legal representatives and assigns of both parties.
22.
MUTUAL COOPERATION
The parties hereto shall execute all documents, perform all acts, notify all affected insurance
companies and do all things necessary to transfer any of the assets, or to effectuate any of the provisions and
conditions of this Agreement. Further, each party shall, at any time and from time to time hereafter, take any
and all steps to execute, acknowledge and deliver to the other any and all instruments and assurances that
the other party may reasonably require or find convenient, expedient or businesstike for the purpose of giving
full force and effect to the provisions of this Agreement.
23.
SEVERANCE
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In the event that any paragraph or paragraphs of this Agreement shall be declared invalid and void
by any Court, such declaration shall not invalidate the entire Agreement and other paragraphs of this
Agreement shall remain in full force and effect.
24.
MODIFICATION
This Agreement may only be changed if both parties mutually agree, in writing, to such change or
changes in order for any such change or changes to be valid and binding. Any such change shall be approved
by a court of competent jurisdiction prior to such agreement or change or changes becoming binding on either
party. No waiver of any breach hereof or default hereunder shali be deemed a waiver of any subsequent breach
or default of the same or similar nature.
25.
INCORPORATION INTO FINAL DECREE
tis expressly understood that this Agreement does not obligate the parties to continue to live in a stat
of separation or to proceed with an action for divorce. However, in the event that either party shall bring or
maintain an action for dissolution of the marital relationship, or for separate maintenance, this Agreement shall
be presented to the Court and incorporated by reference into any judgment or decree concerning the matter
provided herein. Nctwithstanding such incorporation, this Agreement shall survive and be in force independenlly
of any judgment or decree.
26.
HEADINGS
The headings used herein are for convenience only and shall not be resorted fo for purposes of
interpretation or construction hereof. The plural shall be substituted for the singular, the female for the masculine,
and the neuter for either, or vice versa, in any place or places herein in which the context may require substitution.
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ee
Ilis the expressed intent of the parties that this Agreement be liberally construed so as to uphold his Agreement
and to effectuate and enforce its provisions.
27,
EFFECTIVE DATE
This Agreement shall become fully effective and binding on the date last witlen below, vttich shall
henceforth be known as the “dale of execulion of this Agreement.”
28,
SIGNATURES
IN WITNESS WHEREOF, having read and fully understanding the provisions hereto, the parties
hereto sel their hands and affixed their seals on the dates indicated.
Kon
SHAWNA LAWRENCE, Wife SHAWN LAWRENCE, Husband
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Preview
IN THE SUPERIOR COURT OF DEKALB COUNTY STATE OF GEORGIA SHAWNA LAWRENCE, Petitioner, CIVIL ACTION FILE NUMBER: and 24FM5016 SHAWN LAWRENCE, Respondent. SETTLEMENT AGREEMENT THIS AGREEMENT (“Agreement”) is made by and between SHAWNA LAWRENCE (sometimes hereinafter referred to as "WIFE") and SHAWN LAWRENCE (sometimes hereinafter referred to as “HUSBAND’); WITNESSETH: WHEREAS, the parties hereto were married on or about March 16, 2013; and WHEREAS, the parties have lived in a bona fide state of separation, and acknowledge that there exists no chance of reconciliation; and WHEREAS, there are no Minor Children as a result of this marriage and no more are expected; WHEREAS, Wife has filed or intends to file or has filed an action for divorce in the Superior Court of Dekalb County, Georgia, and the parties have settled between themselves all matters of alimony, equitable division of property, as well as their respective interests in all real and personal property and all other assets acquired during the marriage, and all other claims each may have against the other rising from the marital relationship; and WHEREAS, each party is acting freely and voluntarily, under no compulsion or duress, and in consideration of the present income, earning capacity, and financial circumstances of each of the parties; and Shawna Lawrence v, Shawn Lawrence CAFN: 24FM5016 Settlement Agreement 1 NOW THEREFORE, in consideration of the premises and mutual promises herein contained, and for other good and valuable consideration, the receipt of which is hereby acknowledged, the parties do agree as follows: 1 STATUS OF PARTIES Husband and Wife shall continue to live separate and apart, and each shall be free from the interference, authority, and control, either direct or indirect, of the other, except as may expressly be provided in this Agreement. Without regard to the other provisions hereof, each may reside at such place or places as either he or she may select, and each may, for his or her own separate use and benefit, engage in any employment, business or profession, which he or she may deem advisabie. Neither will accuse, in any legal proceedings or otherwise, the other of abandoning his or her spouse. 2 HEALTH INSURANCE AND EXPENSES OF THE PARTIES Within 30 days of the entry of the Final Judgment and Decree in this case, each party shall be Tesponsible for maintaining and paying for his or her own medical, dental, and hospitalization insurance coverage. From the date of the execution of this Agreement, each party shall be responsible for his or her own medical, dental, and hospitalization expenses not covered by insurance, including, but not limited to, co- pays, deductible amounts, and uncovered medical, drug, clinic, optical, orthodontic, dental, and hospital expenses. 3, REAL PROPERTY Shawna Lawrence v. Shawn Lawrence CAFN: 24FM5016 Settlement Agreement 2 Marital Residence: The parties entered into a Joint lease for an apartment located at 4150 Ashford Dunwoody Rd Apt 1265, Brookhaven, Georgia 30319, serving as their marital residence. The parties mutually agree to allow the lease to terminate on June 7th, 2024. Husband acknowledges and agrees to vacate the premises on or before May 31st, 2024. Effective June 1st, 2024, Wife shail be entitled to sole access to the premises and assumes full responsibility for all associated expenses, encompassing but not limited to the lease and utilities. In the event that Husband causes any damages to the apartment that would hinder the teturn of the security deposit, Husband expressly waives any and all rights to the security deposit. 4, FURNITURE, FURNISHINGS AND OTHER PROPERTY The parties have made an amicable division of their household furniture, furnishings and personal effects, and neither party shall claim any property in the possession of the other party on the date of signing this agreement. Unless otherwise specified in this Agreement, the parties stipulate that all other personal tangible property of the parties has been amicably divided, that each of the parties is currently in possession of his or her own personal property, and that neither party shall hereafter make any claim against any personal property that is currently in the possession of the other party. 5. VEHICLES The parties further agree that each party shall have permanent exclusive possession, use, and control of any vehicles currently in said party's possession and shall pay all expenses and costs associated Shawne Lawrence v. Shawn Lawrence CAFN: 24FM5016 Settlement Agreement 3 with their individual vehicle. As of the date of this Agreement, the parties will each be responsible for ensuring the coverage for their separate vehicles. A. Wife's Automobiles / vehicles: As a part of the equitable division of properly, Husband does hereby grant to Wife any and all rights, title, interest, possession and use he may have in and to the 2014 Lexus 350. Wife agrees that she shall be responsible for any and all expenses in connection with said automobile, including, but not limited to, the monthly car notes, insurance (upon expiration of the policy in force that is in effect on the date of this Agreement), maintenance, taxes and title to said automobile, and that she shall henceforth be responsible for any and all expenses related to said vehicle and that she shall fully indemnify Husband and hold him harmless from any losses or expenses of any kind related to the vehicle, except as otherwise set out herein. Husband shalt cooperate in whatever action(s) that may be needful and necessary to transfer record title of said automobile to Wife. Husband’s Automobiles / vehicles: As a part of the equitable division of property, Wife does hereby grant to Husband any and all rights, title, interest, possession and use she may have in and to the 2011 Jeep Compass. Husband agrees that he shall be responsible for any and all expenses in connection with said automobile, including, but not limited to, the monthly car notes, insurance (upon expiration of the policy in force that is in effect on the date of this Agreement), maintenance, taxes and litle to said automobile, and that he shall henceforth be responsible for any and all expenses related fo said vehicle and that he shall fully indemnify Wife and hold her harmless from any losses or expenses of any kind related to the vehicle, except as otherwise set out herein. Wife shall cooperate in whatever action(s) that may be needful and necessary to transfer record title of said automobile to Husband. 6. EQUITABLE DIVISION OF FINANCIAL ACCOUNTS A Joint Accounts: Within Thirty (30) days of the entry of the Final Judgment and Decree of Divorce, the parties shall take such actions necessary to any close jointly held accounts joint and any sums Shawna Lawrence v. Shawn Lawrence CAFN: 24FM5016 Settlement Agreement 4 Temaining therein divided equally (60/50) between the parties. The parties stipulate that once any funds/money has been divided in accordance with this Agreement, each party shall take necessary steps to effectuate any and all documents required for closure of the accounts, or, in the alternative, the removal of the other party's name from said account. The closing or remaining party on the account upon request shall deliver written proof of ownership of the account to the other party. B Individual Accounts: Wife shall retain all interest in any checking accounts, savings, accounts, money market accounts, certificates of deposit, 401(k) plan, individual retirement account(s), pension, stocks, bonds or other investment vehicles or accounts which bear her name individually or jointly with a third party, free and clear of any claim of Husband, Husband shall retain all interest in any checking accounts, savings, accounts, money market accounts, certificates of deposit, 401(k) plan, individual retirement account(s), pension, stocks, bonds or other investment vehicles or accounts which bear his name individually or jointly with a third party, free and clear of any claim of Wife. 7. INCOME Alt income, earnings, or other property received or acquired by either party to this Agreement on or after the date of execution of this Agreement shall be the sole and separate property of the receiving or acquiring party. Each party, as of the effective date of this Agreement, does hereby and forever waive, release, and relinquish all right, title and interest in ali such income, earnings, and other property except as necessary to collect any sums due hereunder in the event of default. 8 RETIREMENT ACCOUNTS Except as otherwise detailed herein, each party shall be entitled to retain the exclusive ownership and possession, free and clear of any claim of the other (said other party hereby releasing and relinquishing Shawna Lawrence v. Shawn Lawrence CAFN: 24FM5016 Settlement Agreement 5 any interest therein), of any retitement accounts, pension or profit-sharing funds or accounts, employee savings plans, employee stock plans, individual retirement accounts, 401k plans, disability benefits, other government benefits, insurance policies, stocks, bonds, commodities, certificates of deposit, and any and all other sums of cash in any depository account of any kind, character, or description currently litled in their individual name together with any incumbent pension, annuily or retirement benefits; any accumulated contributions in any such pension, annuity, or retirement benefits; any right or contingent right in and to any such unvested pension, annuity or retirement benefits. Each of the parties hereby releases and waives any claim that he or she may have in any plan titled in the name or held for the benefit of the other party. Each party shall have full and absolute title to and beneficial interest in any such plan now titled in his or her name or held for his or her benefit, free from any claim of the other party now and forever from the date of the execution of this Agreement. Except as otherwise agreed in this section, the parties hereby waive any and all interest in and to the other party's retirement benefits (pension, deferred compensation/benefit, or otherwise) for purposes of property division in this domestic relations action. The parties acknowledge and agree that this provision has no effect on any amount a party is entitled to or receives pursuant to the Divorced Spouse Benefits from the Social Security Administration. 9 SEPARATE PROPERTY All pre-marital assets, gifts, and inheritances of either party shall be retained and assigned to the party who owned the asset or property prior to the marriage, Each party shall retain any gifts or inheritances Shawna Lawrence v. Shawn Lawrence CAFN: 24FM5016 Settlement Agreement 6 received by that party during the course of the marriage, and each party waives any support or claim to any inheritance the other party has against the other. 10. DEBTS A Husband and Wife agree that each shal! be solely responsible for all debts of any nature which each has incurred or will incur in his or her individual name, including, but not limited to, all credit cards, lines of credit, morigages, leases, or other debts. To the extent there are any jointly titled credit cards, or cards in the name of either Husband or Wife on which the other is an authorized user, and except as otherwise expressly set forth herein, Husband and Wife agree that neither will incur, and each shall indemnify the other for, any credit card debts on any such cards that he or she may have. Unless otherwise expressly set forth herein, any and all joint credit card accounts or cards on which the other parly is an authorized user, shall immediately be either closed or the other party's name removed from said account, and the balance on each such account shall be paid in full by the party incurring the charges. B In the event of the death of either party prior to payment in full of all debts for which he or she is responsible, pursuant to this Agreement, the remainder of any such debts shall be a charge against his or her estate. Cc. Husband and Wife both represent and warrant to each other that they shall not incur any debts or make any contracts for which the other or the other's estate may be liable from the date of this Agreement. If either party violates this provision, and as a result thereof one party is obligated to make a payment or payments for the other party, the violating party agrees to indemnify the paying party for the amount of such payment and attomey's fees, which may be incurred by said parly to enforce this indemnity provision. Both parties acknowledge and warrant that each of them has made a full and complete disclosure Shawna Lawrence v. Shawn Lawrence CAFN: 24FM5016 Settlement Agreement 7 of all liabilities owed on any unpaid jointly held credit accounts and each party shall be responsible for all debts in their own name, unless otherwise described herein. D Joint Debts. The parties acknowledge they have no jointly held credit cards or charge accounts. 11. ALIMONY Each parly expressly waives and releases forever the other from any right to petition for modification of present, past or future alimony payments under existing or future laws or statutes of the State of Georgia or any other state or country in which the parties may be residing. In consideration of the promises hereinabove contained, it is further agreed between the parties that each party does forever release and relieve the other of any claim or claims pertaining to alimony he or she might have been entitled to either in the past, present or the future as a result of the aforesaid marriage union under existing or future laws or statutes of the State of Georgia or any other state or country in which the parties may be residing. Each of the parlies specifically waives any right he or she may have had under the laws of the State of Georgia to bring an action to modify this alimony provision based upon any change in the income or financial status of either of the parties including, but not limited to, the provisions set forth in 0.C.G.A. §§ 19-6-18, 19-6-19 and 49-6-23. It is the intention of the parties that this provision be broadly interpreted so that it meets the requirements of Varn vs. Varn, 242 Ga, 309, 248 S.E.2d 667 (1978). 12. CELL PHONES Shawna Lawrence v. Shawn Lawrence CAFN: 24FM5016 Settlement Agreement 8 Each party shall be responsible for providing his or her own cell phone service. Each party shall have exclusive use and enjoyment of the cell phone in his or her possession at the time of the execution of this Agreement. 13. ATTORNEY FEES The parties agree that each parly shall be responsible for their own attorney's fees and expenses of litigation in connection with this action. In the event that Husband does not retain counsel, Husband shall reimburse Wife for Fifty (60%) of the attorney's fees incurred in litigation within Thirty (30) days of the execution of this Agreement. 14. UNDISCLOSED DEBT AND LIENS Any debt or lien which has not been disclosed fo the other party shall be the sole responsibility of the party who has failed to disclose same and of the party who has incurred or acted so as to incur such lien, and the party incurring such lien shall indemnify and hold the other party harmless from all liability associated therewith. 18. TAX ADVICE Each party acknowledges and represents that he or she is entirely responsible for the tax consequences related to the settlement of this case, except as specifically stated herein. Each party agrees to rely upon the advice and counsel of his or her own accounting and tax representalive, if any, for the determination of such consequences. The parties understand that no counsel named in this section has undertaken to advise his or her client in the area of taxes or tax consequences relative to the parties’ Shawna Lawrence v. Shawn Lawrence CAFN: 24FM5016 Settlement Agreement 9 Agreement regarding taxes as embodied herein, and that each of the parties has had the opportunity to retain or seek separate tax advice from a tax specialist relative to same. Each party specifically acknowledges that Christina D. Perry, Esq. nor any partner, associate, or employee of The Siemon Law Firm, P.C. have not (1) been asked to give any tax advice, (2) given any tax advice to Husband or Wife, (3) or explained or attempted to explain income or estate tax consequences, implications, advantages, or disadvantages or any transfers, conveyances, waivers or payments provided for within this Agreement. The parties acknowledge that they have been advised to seek their own independent tax advice by retaining a certified public accountant, account, tax attorney or tax advisor with reference to the tax implications involved in this Agreement. For the 2024 tax year, and each year thereafter, the parties shall file separate income tax returns. The parties shall execute any documents necessary to effectuate this provision and neither party shall file a fax return that is inconsistent with this provision. Each party shall pay and shall indemnify and hold the other harmless from payment of all assessments of income taxes, interest or penalties imposed by all state and federal governments, attributable to his or her respective income and deductions, regarding the filing of Joint returns during the entire term of their marriage and shall pay any and all deficiencies which may be assessed. The party responsible shall pay all reasonable and necessary legal, accounting and other professional fees incurred by the other in preparation of, explanation of, or defense of such joint income tax returns. Each party shall promptly notify the other upon receipt of any notice, inquiry or other correspondence from the State or Federal tax authorities and each shall fully cooperate with the other regarding any such audit or inquiry of such taxing authority. Notwithstanding that transfers conducted herein are done so with the intention of making tax free transfers of marital assets as contemplated by the Tax Reform Act of 1984 as amended, each party shall be responsible for and pay any and all income and capital gains taxes associated with the assets and accounts he or she receives or retains pursuant to this Agreement. Shawna Lawrence v. Shawn Lawrence CAFN: 24FM5016 Setllement Agreement 10 16, EQUITABLE DIVISION OF ACCOUNTS Except as provided herein, the parties have made an amicable division of any and all other accounts. 17. ADVICE OF COUNSEL/DISCOVERY It is expressly understood that this Settlement Agreement is being freely entered into, and each party has had an opportunity fo have this Settlement Agreement reviewed by an attorney of his or her own choosing. The Parties mutually agree and stipulate that Wife is represented by Christina D. Perry, Esq. and The Siemon Law Firm, LLC and Husband is not represented by counsel, and each party is satisfied with the legal representation they do or do not have. The Parties further acknowledge that this Agreement has been prepared by Christina D. Perry, Esq. after mutual negotiation between both parties. The Parties mutually agree that each has read and fully understands his and her rights and obligations of this Agreement, and the Agreement accurately sets out the agreements of the Parties. The Parties acknowledge each to the other they have ascertained and weighed all the facts and circumstances likely to influence their judgment in this matter. The Parties have entered into this Agreement of his and her own volition, with full knowledge of the facts and information as to each Party's legal rights and liabilities. The Parties acknowledge they have sought and obtained, or have had an opportunity to obtain, legal advice independently of each other, and they have been duly apprised, or have had an opportunity to be apprised, of their respective legal rights. Shawna Lawrence v. Shawn Lawrence CAFN: 24FM5016 Setllement Agreement 1 Further, alt of the provisions of this Agreement, as well as ail pertinent questions have been fully and satisfactorily explained, and the Parties assent to all the provisions hereof, viewing the same as fair and equitable and the Parties each believe the Agreement to be reasonable under the circumstances. Husband acknowledges that he is fully satisfied with the services and performance of his attorneys and that all questions he has have been answered fully and satisfactorily. The Parties, jointly and severally, mutually remise, release and forever discharge their attorneys from any and all actions, suits, debts, claims, demands and obligations whatsoever, both in law and in equity, which either of the Parties ever had, now has or may hereafter have against the attorneys. Both parties acknowledge that they have read this entire Agreement before signing same and that they assent fo all the terms contained within, Both parties acknowledge their right to the compulsory Discovery procedures (Interrogatories, Requests for Production of Documents, Notices to Produce, and other procedures} available under Georgia law. EACH PARTY ACKNOWLEDGES THAT DISCOVERY HAS NOT BEEN COMPLETED. Notwithstanding, both parties wish to proceed with this settlement of all issues which have arisen in the marriage of the parties and in this action for divorce, all in an effort to bring the matter to an expeditious conclusion and to reduce future expenditures for attorneys’ fees and other expenses of litigation for either party. 18. HOLD HARMLESS Each party shall pay and hold the other harmless for any claims, debts, liabilities and obligations of any nature whatsoever, contingent or otherwise, which that party has incurred individually or jointly with any third person or persons. Each party promises to defend the other against any attempts by any of his or her creditors to collect the same from the other party and further promises to indemnify the other party fully from any liability and expenses, including legal expenses, which may result from his or her obligations. In the event that any Shawna Lawrence v. Shawn Lawrence CAFN: 24FMS016 Settlement Agreement 12 creditor of one party obtains or attempts to apply a fien against any real or personal property in which the other party has an interest, the first party shall promptly take such actions as may be necessary to remove said lien, including but not limited to fully satisfying the obligation giving rise to the lien. 19. RELEASE Each parly hereby waives and releases any and all marital rights and claims, including alimony, division of property, dower, curtesy, year's support, and any rights of inheritance pursuant fo 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 right 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 tetained 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 claim by the other or his or her estate. The parties shall mutually release and forever discharge each other from any and all actions, suils, debts, claims, demands and obligations whatsoever, both in law and equity, which each of them ever had, now has or may hereafter have against the other upon or by reason of any matter cause or thing up to the date of the execution of this Agreement. 20. GOVERNING LAW This Agreement and the application and interpretation thereof shall be governed exclusively by the laws of the State of Georgia, without regard to its conflicts of law provisions. 21. Shawna Lawrence v. Shawn Lawrence CAFN: 24FM§018 Settlement Agreement 13 ENTIRE AGREEMNT Husband and Wife acknowledge that the provisions of this Agreement are made in full, final and complete satisfaction and settlement of all claims of each party against the other respecting thelr marital life. Except for those rights and claims for which this Agreement expressly provides, each party hereby waives and releases any and all marital rights and claims, including, but not limited to, alimony, division of property, dower, courtesy, year's support and any rights of inheritance pursuant to the laws in intestacy, which rights and claims each party may now have against the other of the estate of the other by reason of the marriage of the parties. Both parties waive any legal right he or she may have to be appointed executor of 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 mention herein, shall be and remains the separate property of the party receiving or retaining that properly and that properly shall be free from any claim by the other or his or her estates. This Agreement shall be binding upon the heirs, legal representatives and assigns of both parties. 22. MUTUAL COOPERATION The parties hereto shall execute all documents, perform all acts, notify all affected insurance companies and do all things necessary to transfer any of the assets, or to effectuate any of the provisions and conditions of this Agreement. Further, each party shall, at any time and from time to time hereafter, take any and all steps to execute, acknowledge and deliver to the other any and all instruments and assurances that the other party may reasonably require or find convenient, expedient or businesstike for the purpose of giving full force and effect to the provisions of this Agreement. 23. SEVERANCE Shawna Lawrence v. Shawn Lawrence CAFN: 24FM5016 Settlement Agreement 14 In the event that any paragraph or paragraphs of this Agreement shall be declared invalid and void by any Court, such declaration shall not invalidate the entire Agreement and other paragraphs of this Agreement shall remain in full force and effect. 24. MODIFICATION This Agreement may only be changed if both parties mutually agree, in writing, to such change or changes in order for any such change or changes to be valid and binding. Any such change shall be approved by a court of competent jurisdiction prior to such agreement or change or changes becoming binding on either party. No waiver of any breach hereof or default hereunder shali be deemed a waiver of any subsequent breach or default of the same or similar nature. 25. INCORPORATION INTO FINAL DECREE tis expressly understood that this Agreement does not obligate the parties to continue to live in a stat of separation or to proceed with an action for divorce. However, in the event that either party shall bring or maintain an action for dissolution of the marital relationship, or for separate maintenance, this Agreement shall be presented to the Court and incorporated by reference into any judgment or decree concerning the matter provided herein. Nctwithstanding such incorporation, this Agreement shall survive and be in force independenlly of any judgment or decree. 26. HEADINGS The headings used herein are for convenience only and shall not be resorted fo for purposes of interpretation or construction hereof. The plural shall be substituted for the singular, the female for the masculine, and the neuter for either, or vice versa, in any place or places herein in which the context may require substitution. Shawna Lawrence v. Shawn Lawrence CAFN: 24FM5016 Settlement Agreement 18 ee Ilis the expressed intent of the parties that this Agreement be liberally construed so as to uphold his Agreement and to effectuate and enforce its provisions. 27, EFFECTIVE DATE This Agreement shall become fully effective and binding on the date last witlen below, vttich shall henceforth be known as the “dale of execulion of this Agreement.” 28, SIGNATURES IN WITNESS WHEREOF, having read and fully understanding the provisions hereto, the parties hereto sel their hands and affixed their seals on the dates indicated. Kon SHAWNA LAWRENCE, Wife SHAWN LAWRENCE, Husband "Sworn to and subscribed before me, Sworn lo and subscribed before me, > this 28 dayof_ May 2024, this 2% __ dayof May , 2024, DW evon b Wehron NOTARY PUBLIC 01 Y PUBLIC My Commission Expires: 5]2-1| 2026 My Commission Expires: (YY, ‘12, azz DEVON L. WILSON: ‘Public, Stata of New York No. O1Wi6074915 Qualified in Bronx Cou ta, Expltes May 27, 2028 Sv GS 29 NOM» se WM Ua Ie mM 207! 1, ORS “8 ‘O} RGIA 4 HTS ww Shawna Lewronce v. Shawn Lawrence A Saltlemen! Agreement 16 we ae ne.