108 Choice Of Law Rules

108 (1) In this section, “regime of community of property” means a system of law, including a regime of partnership of acquests, in which property owned or acquired and debt owing or acquired during the relationship between the spouses

• (a) are deemed to be owned or owing by both spouses, and
• (b) are divided, on separation of the spouses, as if both spouses equally owned the property or owed the debt,

• but does not include a regime of separate property or a system of law under which a spouse’s interest is deferred until or after the occurrence of an event that signifies the end of the relationship between the spouses.
• (2) If the Supreme Court takes jurisdiction under this Division, the Supreme Court must act in accordance with the rules set out in this section.
• (3) Subject to subsection (4), if spouses make an agreement respecting the division of property or debt, the substantive rights of the spouses in a proceeding under this Part are determined by the agreement.
• (4) The enforcement of an agreement under subsection (3) is subject to any restriction that the proper law of the relationship places on the ability of spouses to determine the division of property or debt by agreement.
• (5) Subject to subsection (3), if the spouses’ first common habitual residence during the relationship between the spouses was in a jurisdiction in which a regime of community of property applies, property owned or acquired and debt owing or acquired during the relationship between the spouses that is property or debt to which the regime of community of property applies must be divided at the end of the relationship between the spouses according to that regime of community of property.
• (6) If neither subsection (3) nor (5) applies, the substantive rights of spouses in a proceeding under this Part must be determined according to the proper law of the relationship.

2014-9-17, effective May 26, 2014 (B.C. Reg. 96/2014).