Withdrawing an Offer

[Let_It]

This is my first post on any divorce & family law forum since starting my journey to separate and eventually divorce my spouse, filed on February 24, 2020 and not ending anytime soon.

I will soon gather up general information on my history of what happened.

I had a lawyer for about a year, however, I had to let go as I was not able to afford it anymore and now I am representing myself.

For now, I have a question regarding ‘Withdrawing an Offer’, if I sent a partial Offer to settle the matrimonial home issues to the other side lawyer (however, I did not submit Form 6B: Affidavit of Service (I was not aware that I had to do this) and now I want to withdraw the offer, it is as simple as sending a letter withdrawing the offer to my spouse’s attorney or do I have to send the letter and file a form with the courts to properly serve pursuant to the Family Law Rules.

WITHDRAWING AN OFFER
(5) A party who made an offer may withdraw it by serving a notice of withdrawal, at any time before the offer is accepted. O. Reg. 114/99, r. 18 (5).

[paco]

The rule is very clear, serve the notice of withdrawal to OC and file it with the Court. Don't forget the 6B affidavit this time.

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[StillPaying]

(however, I did not submit Form 6B: Affidavit of Service (I was not aware that I had to do this)

WITHDRAWING AN OFFER
(5) A party who made an offer may withdraw it by serving a notice of withdrawal, at any time before the offer is accepted. O. Reg. 114/99, r. 18 (5).

Unless this is new, I don't believe offers are filed nor require an affidavit of service. There is a notice of withdrawal form, but I'm sure creating your own form similar to offers to settle would serve the same purpose, as long as it's served correctly. Just send it to other party's lawyer and have another ots ready.

[Let_It]

Thanks for the responses... to be on the safe side, I will submit Form 6B: Affidavit of Service.

I know I am overthinking it, when filling in Form 6B, I just need to identify within the Name of Document section: WITHDRAWING AN OFFER - Correct?

[Kinso]

You don't need a 6B for an offer to settle. In fact they shouldn't be filed with the court at all (until the Judge needs them for costs purposes).