Lights of Guidance/Divorce

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Lights of Guidance edited by Helen Hornby Divorce

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1302. Attitude of Present-Day Society Towards Divorce

"The Universal House of Justice has noted with increasing concern that the undisciplined attitude of present-day society towards divorce is reflected in some parts of the Bahá’í World Community. Our Teachings on this subject are clear and in direct contrast to the loose and casual attitude of the 'permissive society' and it is vital that the Bahá’í Community practise these Teachings."

(From a letter written on behalf of the Universal House of Justice to all National Spiritual Assemblies, January 18, 1980)

1303. There are no Grounds for Divorce in the Faith—Divorce should only be Considered If there is a Strong "Aversion" to One's Partner

"Concerning the definition of the term 'aversion' in relation to Bahá’í divorce law, the Universal House of Justice points out that there are no specific 'grounds' for Bahá’í divorce such as there are in some codes of civil law. Bahá’í law permits divorce but, as both Bahá’u’lláh and ‘Abdu'l-Bahá have made very clear, divorce is abhorred. Thus, from the point of view of the individual believer he should do all he can to refrain from divorce. Bahá’ís should be profoundly aware of the sanctity of marriage and should strive to make their marriages an eternal bond of unity and harmony. This requires effort and sacrifice and wisdom and self-abnegation. A Bahá’í should consider the possibility of divorce only if the situation is intolerable and he or she has a strong aversion to being married to the other partner. This is the standard held up to the individual. It is not a law, but an exhortation. It is a goal to which we should strive."

(From a letter written on behalf of the Universal House of Justice to an individual believer, November 3, 1982)

1304. Youth Should be So Deepened in the Teachings that the Thought of Divorce will be Abhorrent to Them

"From the point of view of the Spiritual Assembly, however, the matter is somewhat different. The Spiritual Assembly should always be concerned that the believers in its community are being deepened in their understanding of the Bahá’í concept of marriage, especially the young people, so that the very thought of divorce will be abhorrent to them. When an application for divorce is made to a Spiritual Assembly, its first thought and action should be to reconcile the couple and to ensure that they know the Bahá’í teachings on the matter. God willing, the Assembly will be successful and no year of waiting need be started. However, if the Assembly finds that it is unable to persuade the party concerned to withdraw the application for divorce, it must conclude that, from its point of view, there appears to be an irreconcilable antipathy, and it has no alternative to setting the date for the beginning of the year of waiting. During the year the couple have the responsibility of attempting to reconcile their difference, and the Assembly has the duty to help them and encourage them. But if the year of waiting comes to an end without reconciliation the Bahá’í divorce must be granted as at the date of the granting of the civil divorce if this has not already taken place."

(Ibid.)

1305. The Party who is the Cause of Divorce Will Become Victim of Formidable Calamities

"It can be seen, therefore, that 'aversion' is not a specific legal term that needs to be defined. Indeed a number of other terms are used in describing the situation that can lead to divorce in Bahá’í law, such as 'antipathy', 'resentment', 'estrangement', 'impossibility of establishing harmony' and 'irreconcilability'. The texts, however, point out that divorce is strongly condemned, and should be viewed as 'a last resort' when 'rare and urgent circumstances' exist, and that the partner who is the 'cause of divorce' will 'unquestionably' become the 'victim of formidable calamities'."

(Ibid.)

1306. The Friends Must Strictly Refrain from Divorce

"Formerly in Persia divorce was very easily obtained. Among the people of the past Dispensation a trifling matter would cause divorce. However, as the light of the Kingdom shone forth, souls were quickened by the spirit of Bahá’u’lláh, then they totally eschewed divorce. In Persia now divorce doth not take place among the friends, unless a compelling reason existeth which maketh harmony impossible. Under such rare circumstances some cases of divorce take place.

"Now the friends in America must live and conduct themselves in this way. They must strictly refrain from divorce unless something ariseth which compelleth them to separate because of their aversion for each other, in that case with the knowledge of the Spiritual Assembly they may decide to separate. They must then be patient and wait one complete year. If during this year harmony is not re-established between them, then their divorce may be realized. It should not happen that upon the occurrence of a slight friction of displeasure between husband and wife, the husband would think of union with some other woman or, God forbid, the wife also think of another husband. This is contrary to the standard of heavenly value and true chastity. The friends of God must so live and conduct themselves, and evince such excellence of character and conduct, as to make others astonished. The love between husband and wife should not be purely physical, nay rather it must be spiritual and heavenly. These two souls should be considered as one soul. How difficult it would be to divide a single soul! Nay, great would be the difficulty!

"In short, the foundation of the Kingdom of God is based upon harmony and love, oneness, relationship and union, not upon differences, especially between husband and wife. If one of these two become the cause of divorce, that one will unquestionably fall into great difficulties, will become the victim of formidable calamities and experience deep remorse."

(‘Abdu'l-Bahá: Extracts from the Bahá’í Teachings Discouraging Divorce: a compilation prepared by the Research Department of the Universal House of Justice, January 1980)

1307. Divorce is Conditional Upon the Approval and Permission of the Spiritual Assembly

"Regarding divorce, the Guardian stated that it is discouraged, deprecated and against the good pleasure of God. The Assembly must circulate among the friends whatever has been revealed from the Pen of ‘Abdu'l-Bahá in this connection so that all may be fully reminded. Divorce is conditional upon the approval and permission of the Spiritual Assembly. The members of the Assembly must in such matters independently and carefully study and investigate each case. If there should be valid grounds for divorce and it is found that reconciliation is utterly impossible, that antipathy is intense and its removal is not possible, then the Assembly may approve the divorce."

(From a letter written on behalf of the Guardian to the National Spiritual Assembly of Iran, July 7, 1938—translated from the Persian: Ibid., p. 3)

1308. Should Think of Future of Children

"He was very sorry to hear that you and your husband are still so unhappy together. It is always a source of sorrow in life when married people cannot get on well together, but the Guardian feels that you and your husband, in contemplating divorce, should think of the future of your children and how this major step on your part will influence their lives and happiness.

"If you feel the need of advice and consultation he suggests you consult your Local Assembly; your fellow Bahá’ís will surely do all they can to counsel and help you, protect your interests and those of the Cause."

(From a letter written on behalf of the Guardian to an individual believer, November 16, 1945: Extracts from the Bahá’í Teachings Discouraging Divorce, p. 4)

1309. Divorce Concerns Children's Entire Future and Their Attitude Towards Marriage

"There is no doubt about it that the believers in America, probably unconsciously influenced by the extremely lax morals prevalent and the flippant attitude towards divorce which seems to be increasingly prevailing, do not take divorce seriously enough and do not seem to grasp the fact that although Bahá’u’lláh has permitted it, He has only permitted it as a last resort and strongly condemns it.

"The presence of children, as a factor in divorce, cannot be ignored, for surely it places an even greater weight of moral responsibility on the man and wife in considering such a step. Divorce under such circumstances no longer just concerns them and their desires and feelings but also concerns the children's entire future and their own attitude towards marriage."

(From a letter written on behalf of the Guardian to an individual believer, December 19, 1947: Ibid., p. 5)

1310. One May Discover He Has not Purchased Either Freedom or Happiness

"He was very sorry to hear that you are contemplating separation from your husband. As you no doubt know, Bahá’u’lláh considers the marriage bond very sacred; and only under very exceptional and unbearable circumstances is divorce advisable for Bahá’ís.

"The Guardian does not tell you that you must not divorce your husband; but he does urge you to consider prayerfully, not only because you are a believer and anxious to obey the laws of God, but also for the sake of the happiness of your children, whether it is not possible for you to rise above the limitations you have felt in your marriage hitherto, and make a go of it together.

"We often feel that our happiness lies in a certain direction; and yet, if we have to pay too heavy a price for it in the end we may discover that we have not really purchased either freedom or happiness, but just some new situation of frustration and disillusion."

(From a letter written on behalf of the Guardian to an individual believer, April 5, 1951: Extracts from the Bahá’í Teachings Discouraging Divorce, pp. 5-6)

1311. Cannot Use the Cause or Service to It as Reason for Divorce

"Shoghi Effendi wishes me to add this note in connection with your marriage; he does not feel that any believer, under any circumstances whatsoever, can ever use the Cause or service to it as a reason for abandoning their marriage; divorce, as we know, is very strongly condemned by Bahá’u’lláh, and only grounds of extreme gravity justify it."

(From a letter written on behalf of the Guardian to an individual believer, April 7, 1947: Ibid., p. 4)

1312. Every Effort Should be Made to Salvage Marriage—In Case of Pioneers, It is Even More Important

"He has been very sorry to hear that your marriage seems to have failed utterly. I need not tell you as a Bahá’í that every effort should be made by any Bahá’í to salvage their marriage for the sake of God, rather than for their own sake. In the case of pioneers, it is even more important, because they are before the public eye. However, in such matters it is neither befitting nor right that the Guardian should bring pressure on individuals. He can only appeal to you and… to try again; but if you cannot rise to this test, that is naturally a personal matter."

(From a letter written on behalf of the Guardian to an individual believer, January 13, 1956: Ibid., p. 6)

1313. Bahá’í Family Should be Preserved

"Wherever there is a Bahá’í family, those concerned should by all means do all they can to preserve it, because divorce is strongly condemned in the Teachings, whereas harmony, unity and love are held up as the highest ideals in human relationships. This must always apply to the Bahá’ís, whether they are serving in the pioneering field or not."

(From a letter written on behalf of the Guardian to the National Spiritual Assembly of Central America, November 9, 1956: Ibid., p. 6)

1314. One Year of Waiting Whether Bahá’í When Married or not

"As regards Bahá’í divorce as mentioned in your letter of June 12th: Bahá’ís (whether one party or both are believers) should follow the Bahá’í law of divorce, i.e., one year of waiting, and not neglect this divinely given law. Whether they were Bahá’ís when married or not has nothing to do with it."

(From a letter written on behalf of the Guardian to the National Spiritual Assembly of the British Isles, June 12, 1952)

1315. If Divorce is Illegal Within a Country, Bahá’ís are Bound by Law of the Country

"In answer to the question raised in your letter of June 5 as regards divorce: The Guardian says that if within a country divorce, because of affiliation of church and State in this matter, is considered illegal, the Bahá’ís must be bound by this law. At the present time they must under no circumstances raise such matters with any Government in question. This means that it is not right for a believer to get a divorce outside of, say Colombia, and then remarry outside and return there, where his divorce would be illegal."

(From a letter written on behalf of the Guardian to the National Spiritual Assembly of South America, July 11, 1951)

1316. If One Party is Mentally Ill

"We have reviewed your letter of January 21, 1964 requesting instructions as to how to handle Bahá’í divorce when one of the parties is mentally ill.

"Far from being required to live together during the year of patience, the parties are in fact prohibited from doing so.

"The Bahá’í divorce must be handled either by the Local Assembly or by the National Assembly, but either may handle it at the discretion of your Assembly."

(From a letter of the Universal House of Justice to the National Spiritual Assembly of Colombia, February 23, 1964)

1317. Bahá’ís Who Intend to Divorce Must Consult with Local or National Assembly

"However, it is necessary that Bahá’ís who intend to divorce be aware that they must consult with their Local or National Assembly, that basically a year of waiting must ensue before divorce can be effected, and that the Assembly has certain responsibilities toward the couple concerned about which they will be informed through consultation with the Assembly."

(From a letter of the Universal House of Justice to the National Spiritual Assembly of the United States, April 16, 1967)

1318. The Believers Should know that Although Divorce Is Permitted In Bahá’í Law, it is Condemned

"It is, of course, important for the friends to realise that although divorce is permitted in Bahá’í law, it is nevertheless condemned, and great efforts should be made to avoid it. It is always the hope that, during the year of patience, affection between the couple will recur and that divorce will not be necessary. Therefore, although normal social relationships between each of the partners and members of both sexes is permissible, it is quite contrary to the spirit of the teachings for either party to be courting a new partner during the year of waiting. This should be made clear to the couple and they should be exhorted to conduct themselves as Bahá’ís. However, this is not an area in which the Assembly should resort to sanctions if either or both of the pair disregard this principle. Naturally, if one of the parties conducts himself or herself in a way that is blatantly or flagrantly immoral the matter should be handled as any other similar case would be, but from your cables we understand that this is not the situation in the case at present before you."

(From a letter written by the Universal House of Justice to a National Spiritual Assembly, February 15, 1973)

1319. The Assembly should Determine that Irreconcilable Antipathy Exists before Setting the Date of the Beginning of the Year of Waiting

"Regarding the case of the married couple who have separated and wish to set the date of the beginning of the year of waiting retroactively, we are directed to say that the conclusions expressed in the fourth paragraph of your letter are correct; that is, that the Local Assembly should determine, before setting the date of the beginning of the year of waiting, that irreconcilable antipathy exists. While a Local or National Assembly may request the advice of the Continental Board of Counsellors and their Board members, and should be grateful for their assistance, it is the Assembly's responsibility to conduct its own investigation and come to a decision. Assemblies are, of course, discouraged from probing unnecessarily into details of personal lives and the examination of a divorce problem should not go beyond what is necessary to ascertain whether or not such antipathy does, indeed, exist.

"When a Spiritual Assembly receives an application for Bahá’í divorce its first duty is to try to reconcile the couple. If this is not possible, and the couple separates, further efforts at reconciliation should be made during the ensuing year.

"While there are circumstances in which the date of waiting may be fixed retroactively, the situation you describe of the husband leaving for the purpose of finding work cannot be accepted as one of them."

(From a letter written on behalf of the Universal House of Justice to a National Spiritual Assembly, May 30, 1983)

1320. Procedure for an Assembly when Application for Divorce is Received

"The procedure, briefly, is that when a Spiritual Assembly receives an application for divorce its first duty is to try to reconcile the couple. When it determines that this is not possible, it should then set the date of the beginning of the year of waiting. That could be the date on which the Assembly reaches the decision, unless the couple are still living together, in which case it must be postponed until they separate. If the couple had already separated some time before, the Assembly may back-date the beginning of the year; however, the earliest date on which it can be set is the date on which the couple last separated with the intention of obtaining a divorce."

(From a letter written on behalf of the Universal House of Justice to the National Spiritual Assembly of the Netherlands, September 11, 1986)

1321. The Setting of the Date of the Beginning of the Year of Patience is Not Automatic

"… The setting of the date of the beginning of the year of patience is not automatic. The Assembly must first determine whether grounds for a Bahá’í divorce exist and should make every effort to reconcile the parties. If the aversion existing between the parties is found to be irreconcilable then the Assembly may set the date for the beginning of the year of waiting…"

(From a letter written by the Universal House of Justice to a National Spiritual Assembly, September 7, 1970)

1322. Beginning of the Year of Patience Normally Commences when Parties Notify Assembly of their Separation with Intent to Divorce

"Thus the date of the beginning of the year of patience normally commences when one of the parties notifies the Assembly that they have separated with the intention of divorce. However, the Assembly may establish the beginning of the year of patience on a prior date provided it is satisfied such prior date reflects the actual date of separation and there is good reason for so doing."

(From a letter written on behalf of the Universal House of Justice to a National Spiritual Assembly, August 26, 1965)

1323. Duties of Assembly or Committee on Divorce Procedures

"In the opening paragraphs of your letter you speak of your Committee adjudicating upon divorce settlements, and the House of Justice feels that the use of the word 'adjudicate' may lie at the root of some of the problems that the committee is facing. In a country like the United Kingdom, where divorce is subject to the civil law, the function of the Assembly (or its committee) in dealing with a divorce case is not primarily a matter of adjudication. Its first duty is to try to reconcile the couple. If it finds that it is unable to do this, it then sets the beginning of the year of waiting and continues, as circumstances permit and wisdom dictates, throughout the running of the year, its attempts at reconciliation.

"One of the duties of the committee is to see that the requirements of Bahá’í law governing the year of waiting are not violated—that is to say, that the two parties live apart and that proper provisions are made for the financial support of the wife and children. As you will see from the enclosures, this is a matter that needs to be considered for each case on its own merits. If the matter can be amicably arranged between the parties, well and good. If not, the basic principle of Bahá’í law is that the husband is responsible for the support of his wife and children so long as they are married; that is until the granting of the divorce. In a particular case, however, it may have been the wife who was the bread-winner of the family, or both the husband and wife may have been earning income. The Assembly should not ignore such specific situations and change them merely because a year of waiting is running. The application of these principles should not be in the form of an adjudication which the Assembly will require the couple to accept, but as a basis for an arrangement which the couple will amicably agree to and present to the court for endorsement. If the Assembly is unable to get the couple to agree, it should leave the matter to the civil court."

(From a letter written on behalf of the Universal House of Justice to the National Spiritual Assembly of the United Kingdom, February 24, 1983)

1324. Dating During the Year of Patience

"It is always the hope that, during the year of patience, affection between the couple will recur and that divorce will not be necessary. Therefore, although normal social relationships between each of the partners and members of both sexes are permissible, it is quite contrary to the spirit of the teachings for either party to be courting a new partner during the year of waiting. This should be made clear to the couple if necessary and they should be exhorted to conduct themselves as Bahá’ís. However, this is not an area in which the Assembly should resort to sanctions if either or both of the pair disregard this principle. Naturally, if one of the parties conducts himself or herself in a way that is blatantly or flagrantly immoral the matter should be handled as any other similar case would be."

(From a letter of the Universal House of Justice to an individual believer, March 6, 1974)

1325. Summary—Relating to the Fixing of the Date of Separation

1. The first task of the National Spiritual Assembly is to attempt to reconcile the couple, but if it finds that this is not possible and that an irreconcilable antipathy exists, it must register the beginning of the year of waiting. The Assembly may meet with the couple together or separately in its attempts to reconcile them. If there are compelling reasons for doing so, the Assembly may set a date retroactively for the beginning of the year of waiting, but this date can in no case be earlier than the last day the couple separated with the intention of having a divorce.
2. Attempts at reconciliation should continue during the year of waiting. Divorce, though permitted in the Bahá’í Faith, is abhorred and it is the hope that during the year of waiting the couple may become reconciled and divorce avoided.
3. With this in mind, it is more within the spirit of Bahá’í law for Bahá’ís to postpone the initiation of civil proceedings, (if the law of the country requires a civil divorce) until the end of the year of waiting. However, if such postponement gives rise to inequity or to a legal prejudice against the possibility of a civil divorce, it is, of course, permissible for the civil proceedings to be initiated during the year of waiting.
4. In most countries a civil divorce is required and, where this is so, the Bahá’í divorce does not become effective until the civil divorce has been granted. If the year of waiting has run its course when the civil divorce is granted, the Bahá’í divorce becomes automatically effective on that date. If the couple become reconciled before the granting of the civil divorce, even if the year of waiting has already elapsed, they have merely to inform the Spiritual Assembly and resume their marital status.
5. In case the civil divorce is actually granted before the end of the year of waiting and the couple become reconciled within that time between the granting of the civil divorce and the end of the year of waiting, they are, of course, still married in the eyes of the Bahá’í law and need only a civil marriage to restore the marriage bond.
6. The parties to a divorce must live apart in separate residences during the year of waiting. Any cohabitation of the parties stops the running of the year of waiting. If thereafter a divorce is desired a new date for the beginning of a new year of waiting must be set by the Assembly.
7. It is the responsibility of the husband to provide support for his wife and children during the year of waiting.
8. It is the responsibility of the Assembly to assist the divorced couple to arrive at an amicable settlement of their financial affairs and arrangement for the custody and support of the children rather than let these matters be a subject of litigation in the civil courts. If the Assembly is unable to bring the couple to an agreement on such matters then their only recourse is to the civil court.

"These are some of the general guidelines your Assembly should have in mind in divorce cases…."

(From a letter written on behalf of the Universal House of Justice to a National Spiritual Assembly, June 20, 1977)

1326. It is not Possible to Shorten the Period of Waiting

"It is not possible to shorten the period of waiting as this is a provision of the Kitáb-i-Aqdas. However, a National Spiritual Assembly may, if circumstances justify it, backdate the beginning of the year provided that this is not earlier than the date the parties last separated with the intention of obtaining a divorce. It is not clear in the case you have cited whether the parties lived together during the period between June 1975 and the date you set for the beginning of the year of waiting on January 15th. If the parties were separated during this period and living in separate residences, then you could consider backdating the beginning of the year of waiting."

(From a letter written on behalf of the Universal House of Justice to a National Assembly, July 18, 1976)

1327. The Assembly is Obliged to Consider Application for a Year of Waiting

"An Assembly is obliged to consider an application for a year of waiting from either party to a marriage, whether the other party wants the divorce or not. In this specific case you should therefore follow the usual procedure."

(From a letter written on behalf of the Universal House of Justice to a National Spiritual Assembly, July 28, 1985)

1328. During Period of Legal Separation Dating in the Spirit of Courtship is Outside Bounds of Propriety

"The Universal House of Justice has instructed us to transmit its reply to your letter of 8 October concerning dating during the time of legal separation of one party.

"While the Bahá’í woman should not be forbidden to have occasional meetings in the spirit of friendship with a man legally separated from his wife, dating in the spirit of courtship is outside the bounds of Bahá’í propriety, even where the interpersonal relationship of the couple is not blatant or flagrant, casting reflections upon the strict morality required of Bahá’ís. The Bahá’í should be advised to break off the acquaintanceship should it appear to progress beyond friendship, for the non-Bahá’í man is, as you correctly state, still married; the legal separation may carry with it the hope and prospect of restoration of his marriage, a possibility which should not be obstructed by involvement with another woman. In cases such as this one, counsel rather than sanctions are called for, should the involvement of the Bahá’í woman require intervention."

(From a letter written on behalf of the Universal House of Justice to a National Spiritual Assembly, December 6, 1981)

1329. Parties may withdraw their Application for Divorce at any Time During the Year of Waiting

"It is not within the discretion of the parties to a Bahá’í divorce to extend the year of waiting and ask for the Bahá’í divorce 'at whatever time they feel so inclined.' If there has been no reconciliation of the parties in the meantime, the Bahá’í divorce becomes final at the end of the year of waiting unless the granting of the civil divorce is delayed beyond that time.

"The parties may, however, withdraw their application for Bahá’í divorce at any time during the year of waiting. Should they later desire to apply for divorce, a new year of waiting would have to be commenced."

(From a letter written on behalf of the Universal House of Justice to the National Spiritual Assembly of the United States, November 4, 1974)

1330. Assembly Should not Interfere into Marital Affairs until Believers Bring Their Problems to the Assembly

"…There should be no intervention into the marital affairs of individuals in a Bahá’í community unless and until the parties themselves bring a problem to the Assembly. Prior to that it is not the business of the Assembly to counsel the parties. These are but two or three instances illustrating that the commentary should not be added to the quotations."

(From a letter of the Universal House of Justice to the National Spiritual Assembly of the United States, March 22, 1968)

1331. There is no Law to Remove Voting Right for Obtaining Civil Divorce Before the year of Waiting Terminates

"…There is no Bahá’í law requiring the removal of voting rights for obtaining a civil divorce before the end of the year of waiting. It is, of course, preferred that civil divorce action be not instituted or completed before the end of the year unless there are special circumstances justifying such action. If a Bahá’í should marry another prior to the end of the year of waiting however, voting rights should be suspended as, under Bahá’í law, he is still regarded as married whether or not the civil divorce has been granted. On the other hand, if a non-Bahá’í partner, having obtained a civil divorce, marries during the year of waiting, the Bahá’í partner is released from the need to wait further."

(From a letter of the Universal House of Justice to a National Spiritual Assembly, August 20, 1974)

1332. Annulment or Divorce

"…a divorce or annulment is called for only when the Bahá’í partner has denied his faith.

"When reinstatement calls for a divorce or annulment of an improperly contracted marriage, no year of waiting is necessary because Bahá’í divorce is not involved. The purpose of the year of waiting is to attempt the saving of a marital relationship which was originally accepted as valid in the eyes of Bahá’ís, and is now in jeopardy. A delayed Bahá’í marriage, conducted for reasons of fulfilment of Bahá’í law and in the full spirit of the Bahá’í ceremony, should not be viewed as a mockery but as the confirmation of a union contracted outside Bahá’í law."

(From a letter of the Universal House of Justice to the National Spiritual Assembly of the United States, January 27, 1969)

1333. Refund of Marriage Expenses

"Concerning… divorce: He has no right to demand from his wife a refund of the marriage expenses he incurred. In the Aqdas it is quite clear that the husband must not only give the dowry but must support his wife until the time when the divorce is completed. In view of this she is not required to repay expenses of the marriage, etc."

(From a letter written on behalf of Shoghi Effendi to the National Spiritual Assembly of India: Dawn of a New Day, p. 118)

1334. Not Wise to Announce New Marriage Plans Before Divorce is Final

"It is not within the spirit of Bahá’í law for one to become involved in the announcement of new marriage plans while he or she is still legally married to another. There is no objection to urging the friends not to go so far as to seek consent of parents before the divorce becomes final in all respects, but no sanctions should be applied to enforce such exhortation."

(From a letter of the Universal House of Justice to the National Spiritual Assembly of Australia, January 17, 1971: Australian Bahá’í Bulletin, No. 198, February 1971, p. 8)

1335. Guidance Regarding Financial Support in Divorce Cases

"The Universal House of Justice has received your letter of 9 December 1982 requesting guidance on the responsibility of Bahá’í Spiritual Assemblies in the matter of financial support in divorce cases. It has instructed us to send you the following reply.

"In some cases, usually those of Iranian believers whose marriage is not recognized in civil law and who, therefore, do not need and cannot have a civil divorce, the divorce must be entirely adjudicated by the Spiritual Assembly. We enclose a summary of points written on behalf of the House of Justice in answer to questions on this matter, which should be of assistance should such a case occur in Canada.

"In general, however, a Bahá’í couple in Canada who are obtaining a divorce must, in addition to the Bahá’í divorce, obtain a civil divorce, and the civil divorce decree will usually cover all such matters as division of property, provision of support and custody of children. The function of the Spiritual Assembly in such ancillary aspects of the divorce is thus advisory rather than judicatory. In order to prevent, if possible, a public dispute between Bahá’ís in front of the law courts, the Assembly should attempt to bring the couple to an amicable arrangement about all such questions, which can then be submitted to the court for its endorsement. If the efforts of the Assembly are of no avail, then the matter must be left to the civil court to decide.

"Once the divorce decree with its related provisions has been handed down by the court, it is the obligation of both parties, as good Bahá’ís, to obey it and, if either is lax in so doing, the Assembly should advise him or her about his or her duties and press for their fulfilment. The wronged party, however, should at the same time be left free to apply to the civil authorities for the enforcement of the decision. Unfortunately such enforcement is notoriously difficult, especially when the parties subsequently reside in different countries. It is here that the action of the Spiritual Assembly, reinforcing the decision of the civil courts, can often be of help. Except in circumstances of unusual gravity or cases where the responsible party fails to obey a court decision to provide support for the children, an Assembly should not contemplate imposing sanctions for lack of compliance in these matters. Actual enforcement should normally be left to the action of the civil courts.

"The House of Justice believes that the above should provide all the guidance you require in your collaboration with the National Spiritual Assembly of… over the divorce of… and …. In the case of … and … you state that there is unlikely to be a civil judgement covering the question of financial support of the wife by the husband following the divorce. The House of Justice states that there is no general requirement in Bahá’í law for a husband to continue to support his former wife beyond the ending of the year of waiting and the granting of the divorce. Therefore, in the absence of a ruling by the civil court or of an agreement between the couple registered with the Spiritual Assembly, there is nothing further for your Assembly to do in this case."

(From a letter written on behalf of the Universal House of Justice to the National Spiritual Assembly of Canada, January 13, 1983)

1336. It is Preferable that Couple Should Amicably Agree on the Custody of the Children—The Husband is Obligated to Support Wife and Children Until Divorce is Granted and he has Continuing Obligation to Support his Children

"The following points are summarized from guidance of the Universal House of Justice given to Spiritual Assemblies and individual believers so that they may arrive at decisions in accordance with the spirit of Bahá’í Law either in coming to an amicable agreement to present to the civil courts, or in making a decision when no civil divorce decree is involved.

1. The decisions in each case must be made in light of the particular conditions of that case. The guidelines given below are general in nature and should be applied as far as possible unless there are compelling reasons to the contrary.
2. Custody of Children
   1. It is preferable that the couple amicably agree on the custody of the children and submit their agreement to the Assembly for endorsement. Normally in the case of very young children custody is given to the mother unless there are compelling reasons which make this inadvisable.
   2. Regardless of which parent is given custody, the children should be so educated that they may develop a proper Bahá’í attitude towards, and due regard for, both parents. Fair and practical arrangements should be made to protect the rights of the parent not having custody to associate with the children and spend time with them.
   3. Usually custody arrangements continue until the child comes of age unless, of course, new circumstances transpire during this period which call for a review of the arrangements.
3. Financial Support
   1. The husband is obligated to support the wife and children until the granting of the Bahá’í divorce. This normally takes place at the end of the year of waiting unless it has to be postponed pending the granting of a civil divorce.
   2. Following the granting of the divorce the father continues to be under the obligation of providing the necessary funds for the support of the children, but he has no continuing obligation to support his former wife."

(The Universal House of Justice: Considerations Affecting Custody of Children and Provision of Financial Support in Cases Not Adjudicated in Civil Law, a summary, January 5, 1983)

1337. Wife Support During Year of Patience and After Divorce—Assembly should Encourage Husband to Honor His Responsibilities in Paying Required Support Money

"The House of Justice wrote to another National Spiritual Assembly on 5 April 1970 as follows:

'The only provision in Bahá’í law regarding the support of the wife is that which makes the husband responsible for her support during the year of waiting. This does not mean, however, that further support is prohibited; all such matters will require legislation in the future. At the present time it is the responsibility of the Assembly to arrange an amicable and just financial settlement between the couple, and any such arrangement must, obviously, take into consideration the financial situation of both parties and their relative responsibilities.'

"While it is obvious that the Assembly should encourage the husband to honour his Bahá’í responsibilities in paying the required support money, matters of support may be covered by the civil courts when a civil divorce is applied for and, in such a case, the wife would, of course, be able to invoke whatever civil remedy is available. In any case, at the present time National Spiritual Assemblies should not normally apply sanctions in cases of failure to comply with support requirements."

(From a letter written on behalf of the Universal House of Justice to the National Spiritual Assembly of Canada, February 6, 1978)

1338. No Husband Should Batter his Wife

"It is clear from Bahá’í teachings that no husband should batter his wife. As to divorce, while it is permitted by Bahá’u’lláh, it is heavily discouraged and the greatest efforts must be made to avoid it. In Bahá’í society the only grounds for divorce are an irreconcilable antipathy between the parties."

(From a letter written on behalf of the Universal House of Justice to an individual believer, October 27, 1986)