ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number and address): FOR COURT USE ONLY RONALD KEITH WELLS 33 Cambria Mission Viejo, California, 92692 949 291 7127 [email protected] __________________________________________________________________________ SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE STREET ADDRESS: 341 The City Drive MAILING ADDRESS: P.O. Box 14170 CITY AND ZIP CODE: Orange, California 92868BRANCH NAME: IN RE: MARRIAGE OF WELLS PETITIONER: RONALD KEITH WELLS RESPONDENT: DEE ANN WELLS CASE NUMBER: 18D005204 MARRIAGE SETTLEMENT AGREEMENT RONALD KEITH WELLS of 33 Cambria, Mission Viejo, California 92692, born July 20, 1944, and DEE ANN WELLS of 25915 Camino Largo, Mission Viejo, California 92692, born June 28, 1954, being sworn do hereby state the following statements are true and correct and that except as otherwise specifically stated in this Agreement, this Agreement serves as a full and final settlement of all matters arising from the dissolution of their marriage, including division all property rights, debts, spousal support, child custody, visitation, and child support. The parties agree this Agreement contains a fair, just and equitable division of property and subject to court approval agree as follows: 1. JURISDICTION. RONALD KEITH WELLS and DEE ANN WELLS have resided in ORANGE for at least three (3) months and in the state of California for at least six (6) months, which satisfies California's residency requirements. 2. ARMED FORCES. Neither party is a member of the Armed Forces. 3. MARRIAGE DATE. The parties were married to each other on August 05, 1978 in Huntington Beach, California and 2 children were born to this marriage. The parties do not have any minor children. The parties are not currently expecting any children. 4. SEPARATION DATE. The parties' date of physical separation is October 31, 2007. 5. CAUSE OF DISSOLUTION: The parties acknowledge that the marriage has become irretrievably broken due to irreconcilable differences and they are beyond reconciliation. 6. DISCLOSURE. The parties acknowledge that each has made a full disclosure of all assets and debts owned jointly or individually. Nothing has been withheld and each party believes the other has been truthful in their disclosure. Each party hereby waives the requirements of Family Code section 2105 (a) that requires the parties to serve on each other final declarations of disclosure and income and expense declaration. Pursuant to Family Code section 2105 (d), the parties declare as follows: (a) Both parties have complied with Section 2104 and the preliminary declarations of disclosure have been completed and exchanged. (b) Both parties have completed and exchanged a current income and expense declaration, which includes all material facts and information regarding that party's earnings, accumulations, and expenses. (c) Both parties have fully complied with Section 2102 and have fully augmented the preliminary declarations of disclosure, including disclosure of all material facts and information regarding the characterization of all assets and liabilities, the valuation of all assets that are contended to be community property or in which it is contended the community has an interest, and the amounts of all obligations that are contended to be community obligations or for which it is contended the community has liability. (d) The waiver is knowingly, intelligently, and voluntarily entered into by each of the parties. (e) Each party understands that this waiver does not limit the legal disclosure obligations of the parties, but rather is a statement under penalty of perjury that those obligations have been fulfilled. Each party further understands that noncompliance with those obligations will result in the court setting aside the judgment. 7. INCOME. RONALD KEITH WELLS has a total gross monthly income of $25,000.00 which includes income from the following sources: IHOP self-employment $25,000.00 per month. DEE ANN WELLS has a total gross monthly income of $6,000.00 which includes income from the following sources: FirstService Residential Salary $6,000.00 per month. 8. CUSTODY. The parties acknowledge that this is the home state of the children pursuant to this state's Uniform Child Custody Jurisdiction and Enforcement Act. The children have resided in this state for more than six months before this action began and no other court has made a child custody determination. 9. COOPERATION. The parties agree to cooperate with one another in signing any papers or legal documents needed to finalize this agreement or any provision contained in this agreement, including deeds, title certificates, etc. Within 10 days of notification of Entry of Judgment, the parties shall execute any document, transfer papers, titles or other documents to effect the provisions of this Agreement and any resulting Decree of Divorce. In the event a party fails to sign transfer documents, the final Decree of Divorce shall operate to transfer title. 10. DIVISION OF ASSETS. Each party shall receive any and all, tangible and intangible, property in his/her possession including personal items and household goods, unless stated otherwise in this agreement. a. Marital Home. The parties agree DEE ANN WELLS will remain in the home located at 25915 Camino Largo, Mission Viejo, California 92692 and have sole and absolute ownership of the same. RONALD KEITH WELLS will continue to be bound for all mortgages on the property. b. Financial Accounts. RONALD KEITH WELLS and DEE ANN WELLS own and agree to divide their financial accounts and investments as follows and agree that if one of the parties promises to own the entire account, that party will not sell it: Account Name/Number: Mortgage Financial Institution: Bank Current Account Owner: Joint RONALD KEITH WELLS Receives: 100% DEE ANN WELLS Receives: 0% Account Name/Number: IHOP Maui Financial Institution: Mafia Current Account Owner: Ron RONALD KEITH WELLS Receives: 100% DEE ANN WELLS Receives: 0% c. Retirement Accounts. RONALD KEITH WELLS and DEE ANN WELLS own and agree to divide their retirement accounts as follows: Account Name/Number: 401k Dee Financial Institution: Bank Current Account Owner: DeeAnn RONALD KEITH WELLS Receives: 0% DEE ANN WELLS Receives: 100% Both parties agree that if any payments are specified in this section, said payments will not be taxable to the receiving party, as the payment will be received as a division of marital property of the parties. Each party pledges to cooperate with the other to secure approval of or execution of any documents that are necessary to transfer pension, 401(k) or IRA funds to the payee from the payor's accounts, if applicable. d. Other Financial Assets. RONALD KEITH WELLS and DEE ANN WELLS own and agree to divide their other financial assets as follows: Account Name/Number: Home Financial Institution: Bank Current Account Owner: Joint RONALD KEITH WELLS Receives: 0% DEE ANN WELLS Receives: 100% e. Vehicles. RONALD KEITH WELLS and DEE ANN WELLS own and agree to divide ownership of their vehicles as follows: Make: VW Model: 1 Year: 2015 Color: White VIN Number: nnnnnnnnnnnnn Estimated Value: $15,000.00 Owner After Divorce: DEE ANN WELLS Make: Audi Model: A2 Year: 2017 Color: Black VIN Number: yyyyyyyyyyyyyyy Estimated Value: $25,000.00 Owner After Divorce: RONALD KEITH WELLS Each spouse agrees to cooperate in signing or exchanging any documents necessary to remove their name from the title to any vehicle he or she does not receive. f. Life Insurance. RONALD KEITH WELLS and DEE ANN WELLS own and agree to divide their life insurance policies as follows: Policy Name/Number: Life Ins Ron Insurance Company: Who Policy Value: $500,000.00 Owner After Divorce: RONALD KEITH WELLS Policy Name/Number: Life Ins Dee Insurance Company: What Policy Value: $250,000.00 Owner After Divorce: DEE ANN WELLS Each party shall have the right to name any person or organization they so choose as beneficiary on their life insurance policies. Each party waives any interest they have in the other party's life insurance proceeds, cash value, or otherwise. g. Household Goods. The parties agree each will receive the household goods currently in their possession as the parties have previously divided their household goods unless specifically stated otherwise in this agreement. RONALD KEITH WELLS and DEE ANN WELLS further agree to divide the following household items as follows: Item: HHG Description: All Current Value: $15,000.00 Owner After Divorce: DEE ANN WELLS h. Personal Property. The parties agree each will receive their own personal property items currently in their possession. RONALD KEITH WELLS and DEE ANN WELLS agree to divide the following personal property items as follows: Item: spousal personal property Description: spousal personal property Current Value: $1.00 Owner After Divorce: DEE ANN WELLS i. Frequent Flyer Miles and Rewards Points. The parties own and agree to divide frequent flyer miles and rewards points accounts as follows: Frequent Flyer Miles Airline or Rewards Company: Hawaii Air Account Number: unknown Amount: 100,000 Owner After Divorce: RONALD KEITH WELLS j. Debts Owed to Parties. RONALD KEITH WELLS and DEE ANN WELLS are owed the following funds or debts: Debtor: GECC Description: IHOP 1 Value: $500,000.00 Note: We have a note as proof of this debt. Owner After Divorce: RONALD KEITH WELLS k. Other Assets. RONALD KEITH WELLS and DEE ANN WELLS own and agree to divide the following remaining assets: Item: any other asset Description: any other asset Current Value: $10.00 Owner After Divorce: RONALD KEITH WELLS Item: any other asset Description: any other asset Current Value: $20.00 Owner After Divorce: DEE ANN WELLS 11. BUSINESS RIGHTS. RONALD KEITH WELLS and DEE ANN WELLS agree to divide their current business interests as follows: Business Name: IHOP Total Ownership: 50% RONALD KEITH WELLS Will Retain: 25% DEE ANN WELLS Will Retain: 25% 12. FUTURE EARNINGS AND ACQUISITIONS. All 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 all such income, earnings and other property except as necessary to collect any sums due hereunder in the event of default. 13. DEBTS. Each spouse will be responsible for any indebtedness incurred in his or her individual name prior to the date of marriage unless otherwise specifically stated in this agreement. Each spouse will be responsible for any indebtedness incurred in his or her individual name subsequent to the date of separation October 31, 2007 unless otherwise specifically stated in this agreement. Each spouse will be responsible for any indebtedness incurred in his or her individual name during the course of the marriage unless otherwise specifically stated in this agreement. a. Mortgages. RONALD KEITH WELLS and DEE ANN WELLS agree to divide responsibility for payment of their mortgages as follows: Mortgage Lender: mortgage Collateral: 25915 Camino Largo Total Amount of Debt: $250,000.00 RONALD KEITH WELLS's Responsibility: 100% DEE ANN WELLS's Responsibility: 0% For any mortgage listed above the responsible party agrees to take all steps necessary to refinance the debt to remove the other spouse's name from the obligation. Both parties will remain on any mortgage they are jointly responsible for as indicated in this agreement. b. Charge/Credit Card. RONALD KEITH WELLS and DEE ANN WELLS agree to divide their charge accounts and credit card indebtedness as follows: Credit Card Name: Credit Card Total Amount of Debt: $5,000.00 RONALD KEITH WELLS's Responsibility: 100% DEE ANN WELLS's Responsibility: 0% Credit Card Name: Credit Card Total Amount of Debt: $15,000.00 RONALD KEITH WELLS's Responsibility: 100% DEE ANN WELLS's Responsibility: 0% Credit Card Name: Credit Card Total Amount of Debt: $40,000.00 RONALD KEITH WELLS's Responsibility: 100% DEE ANN WELLS's Responsibility: 0% Credit Card Name: Dee Credit Card Total Amount of Debt: $5,000.00 RONALD KEITH WELLS's Responsibility: 0% DEE ANN WELLS's Responsibility: 100% The parties agree to take all possible steps to remove the other spouse's name from any of the above debts for which he or she has assumed sole responsibility. c. Auto Loans. RONALD KEITH WELLS and DEE ANN WELLS agree to divide their current auto loans as follows: Lender's Name: Dees Loan Total Amount of Debt: $15,000.00 RONALD KEITH WELLS's Responsibility: 0% DEE ANN WELLS's Responsibility: 100% Lender's Name: Rons Audi Total Amount of Debt: $25,000.00 RONALD KEITH WELLS's Responsibility: 100% DEE ANN WELLS's Responsibility: 0% For any auto loan listed above the responsible party agrees to take all steps necessary to refinance the loan to remove the other spouse's name from the obligation. Both parties will remain obligated on any loan they are jointly responsible for as indicated in this agreement. d. Bank/Credit Union Loans. RONALD KEITH WELLS and DEE ANN WELLS agree to divide their current bank and credit union loans as follows: Lender's Name: Unknown Loan Collateral: unknown Total Amount of Debt: $100,000.00 RONALD KEITH WELLS's Responsibility: 100% DEE ANN WELLS's Responsibility: 0% For any loan listed above the responsible party agrees to take all steps necessary to refinance the loan to remove the other spouse's name from the obligation. Both parties will remain obligated on any loan they are jointly responsible for as indicated in this agreement. 14. OTHER. RONALD KEITH WELLS and DEE ANN WELLS agree to divide their other property or indebtedness as follows: Item: _________________ Description: _________________ Value: $0.00 RONALD KEITH WELLS's Share: _________________ DEE ANN WELLS's Share: _________________ 15. SPOUSAL SUPPORT/ALIMONY. DEE ANN WELLS is 63 years of age, has been married for 29 years, has a total monthly income of $6,000.00, and has total monthly expenses of $3,000.00. Significant Deferred Maintenance of Marital abode during separation. RONALD KEITH WELLS has a gross monthly income of $25,000.00 from all sources and has the ability to pay support. RONALD KEITH WELLS agrees to pay DEE ANN WELLS spousal support in the amount of $5,000.00 per month 10 years. Spousal support payments shall be paid no later than the 1st day of the month. 16. NAME CHANGE. Neither party is seeking to change their name at this time but both reserve the right to bring an action before the court at a later date. 17. TAXES. Any and all taxes, penalties, interest, liens, judgments are the sole and separate responsibility of Petitioner, Ronald K Wells.. 18. MUTUAL INDEMNITY. All parties agree the other parties are free of any liability or wrongdoing. Any liability or wrongdoing is expressly denied. Furthermore, the parties each agree that neither shall disparage the other to any third party at any time. The parties agree that in regard to the payment of debts and other liabilities stated in this Agreement that each shall indemnify and hold harmless the other for the payment of same. 19. FUTURE DISPUTE SETTLEMENT. The parties agree that if any dispute, question, disagreement, or change occurs affecting the terms of this Agreement, they will work together to negotiate with each other in good faith, in consideration of their mutual interest, with the purpose of reaching a solution, which is beneficial for the parties. In the event negotiations fail, the parties agree to first seek mediation, through a qualified mediator selected jointly by the parties. Either party may terminate mediation at any time. In the event the dispute is not resolved, either party may motion the Court governing this Agreement and the resulting decree of divorce or judgment for a decision regarding the disputed matter. 20. FULL DISCLOSURE OF ASSETS AND LIABILITIES. The parties hereby represent that they have each made full disclosure to the other party of their individual assets. Each represents that he or she has provided the other with a current financial statement which discloses fully and completely all of his or her income, assets, expenses and liabilities. By executing this Agreement, the parties represent that the terms and provisions of this Agreement are fair, just and reasonable and are not the product of fraud, coercion or undue influence and that each signs this Agreement freely and voluntarily. 21. ADDITIONAL DOCUMENTS. Each party agrees that he or she will sign and execute any additional documents that could be necessary to put into effect the intended purposes hereof. Each party shall execute, acknowledge and deliver to the other party any and all instruments and assurances that the other party may reasonably require or find convenient, expedient, or businesslike for the purpose of giving full force and effect to the provisions of this Agreement, specifically including any deeds, affidavits, tax forms or other instruments required of one party to the other in order to pass good or merchantable title to any property owned by either party during the marital relationship. 22. ATTORNEY'S FEES. Each party is solely responsible for paying their respective attorney's fees and costs incurred in connection with this agreement's negotiation and preparation through a final dissolution of the marriage. Neither party will have any obligation whatsoever for any attorney's fees or costs incurred by the other. 23. SUBMISSION OF AGREEMENT TO COURT. The parties each agree that this Agreement shall be submitted to the Court for a judge's approval of the terms and entry of Judgment of Divorce. 24. BINDING AGREEMENT. This agreement shall be binding upon and shall inure to the respective heirs of the parties and their personal representatives of their estates. By executing this agreement I swear that to my knowledge the information contained herein is a full and complete disclosure and it is my intention that this Agreement is a full and final division of the property and debts involved in this marriage and that I am satisfied with the agreement contained herein. Dated: ___________ By: __, 2018 ______________________ RONALD KEITH WELLS 33 Cambria Mission Viejo, California ______________________________________________________________________________ STATE OF CALIFORNIA ) ) COUNTY OF ORANGE ) On _______________ 2018 before me, ________________________________, personally appeared RONALD KEITH WELLS, 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ________________________________________ (Notary Seal) Signature of Notary Public By executing this agreement I swear that to my knowledge the information contained herein is a full and complete disclosure and it is my intention that this agreement is a full and final division of the property and debts involved in this marriage and that I am satisfied with the agreement contained herein. Dated: ___________ By; __, 2018 ______________________ DEE ANN WELLS 25915 Camino Largo Mission Viejo, California ______________________________________________________________________________ STATE OF CALIFORNIA ) ) COUNTY OF ORANGE ) On _______________ 2018 before me, ________________________________, personally appeared DEE ANN WELLS, 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ________________________________________ (Notary Seal) Signature of Notary Public Forms to be Completed by All People Filing for No-Fault Divorce in California: Petition-Marriage Form This form is used to start a family law case, and can be accessed online here: http://www.courtinfo.ca.gov/forms/fillable/fl100.pdf Optional: Some people may run out of space to declare property on the Petition. If you need more room, you can use the Property Declaration form to list shared or separate properties and debts. Summons Form This form allows you to tell your spouse that you have started a court case, and the repercussions of him or her not responding within thirty days. The form can be accessed online here: http://www.courtinfo.ca.gov/forms/fillable/fl110.pdf Marriage Settlement Agreement This form is used to clarify with the court that the parties are in agreement regarding the divorce and have reached a settlement regarding how their marital assets should be divided. A divorce settlement agreement should be filed if the parties agree about all issues involved in their divorce and they do not wish to proceed with a lengthy trial. 2) Find Out if You Need to Fill Out a Local Form You may have to fill out a local form, depending on your court. If this is the case, get in touch with your county clerk's office, a family law facilitator, or use RocketLawyer.com to find a family law attorney and ask about your county's forms. 3) Make Copies of your Forms Once you have filled out the appropriate forms, make at least three copies of each. One set will be served to your spouse, and two should be kept for your records. 4) Bring your Completed Forms to your Court Clerk's Office and Pay the Fee Proceed to your court clerk's office with the originals and copies of your forms. If everything is in order, the clerk will use the original forms and ask you to pay a fee to file. You can also ask for a waiver for the fees if you cannot afford to pay them.
