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The Bahá’í National Review, a publication of the National Spiritual Assembly, is published periodically as an insert to The American Bahá’í’. It includes letters from the Universal House of Justice and policy statements from the National Spiritual Assembly on matters which are felt to be of special interest to the Bahá’í community. Individuals and local Spiritual Assemblies are welcome to keep the insert in a separate reference file for future use. This month, the Review centers around the year of waiting and Bahá’í divorce.
“Divorce is strongly condemned.” (Synopsis and Codification of the Kitáb-i-Aqdas, p. 42)
“God, exalted be His glory, disliketh divorce. ...” (Bahá’u’lláh, compilation from the Universal House of Justice, “Extracts from the Bahá’í Teachings Discouraging Divorce”)
“Regarding the Bahá’í teachings on divorce. While the latter has been made permissible by Baha’u’llal1 yet He has strongly discouraged its practice, for if not checked and seriously controlled it leads gradually to the disruption of family life and to the disintegration of society." (Letter written on behalf of Shoghi Effendi to an individual, dated November 16, 1936. Compilation from the Universal House of Justice, “Extracts from the Bahá’í Teachings Discouraging Divorce”)
“Divorce should be avoided most strictly by the believers, and only under rare and urgent circumstances be resorted to. Modern society is criminally lax as to the sacred nature of marriage, and the believers must combat this trend assiduously." (Letter written on behalf of Shoghi Effendi to an individual, dated January 5, 1948. Compilation from the Universal House of Justice, “Extracts from the Bahá’í Teachings Discouraging Divorce”)
Assembly should not intervene until parties make request
“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." (Letter written by the Universal House of Justice to the National Spiritual Assembly of the United States, March 22, 1968)
Purpose of the year of waiting
“It is understood that two Bahá’ís who reach the point of strain where they feel a divorce is necessary need time to cool down and reflect, which is, of course, the purpose of the year of waiting.” (Letter written on behalf of the Universal House of Justice to the National Spiritual Assembly of the United Kingdom, August 3, 1981)
Applying for the year of waiting
“...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 cantbe effected, and that the Assembly has certain responsibilities toward the couple concerned about which they will be informed through consultation with the
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May 1988
ceedings. ...” (Letter from the Universal House of Justice to the National Spiritual Assembly of the British Isles, January 28, 1966) Year of waiting required whether one was a Baha"{ when married or not
“As regards Bahá’í divorce as mentioned in your letter of June 12: 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.” (Letter written on behalf of the Guardian to the National Spiritual Assembly of the British Isles, June 12, 1952) Assembly should try to help reconcile couple before setting date
“...when a Spiritual Assembly receives an application for Bahá’í divorce it has the duty of trying to reconcile the parties before setting the date for the beginning of the year of waiting. If no reconciliation is possible, and actual repugnance is found to exist between the parties, then the Assembly may record a date which is the beginning of the year of waiting.” (Letter from the Universal House of Justice to the National Spiritual Assembly of Alaska, May 24, 1972)
Irreconcilable antipathy must exist before the year of waiting can be established
“When someone applies to a Spiritual Assembly for a Bahá’í divorce, the Assembly must immediately investigate the situation and attempt to reconcile the couple. Only when it finds that real repugnance exists and after its attempt to reconcile the couple has been unsuccessful should it set the date for the beginning of the year of patience.” (Letter from the Universal House of Justice to the National Spiritual Assembly of the United States, July 12, 1970)
If couple cannot be persuaded to withdraw application, the Assembly must conclude that irreconcilable antipathy exists
“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 patience.” (Letter written on behalf of the Universal House of Justice to an individual believer, November 3, 1982) "Grounds” for a Bahá’í’ divorce
“The mere fact that one party to a marriage files application for Bahá’í divorce does not make the setting of the year of waiting automatic. While consent of both parties is not required, as you correctly state, this does not mean that an attempt should not be made to consult both parties. In setting the beginning of the year of waiting, the Assembly is
determining whether the grounds for Bahá’í divorce exist, and it should endeavor to assemble every fact pertaining thereto. In addition the Assembly has the duty of_att_empt The American Bahá’í / May 1988 / 33
No.123
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 differences, and the Assembly has the duty to help 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.
‘‘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,’ ‘irreconcilability.’ The texts, however, point out that divorce is strongly condemned, 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.’ ” (Letter written on behalf of the Universal House of Justice to an individual believer, November 3, 1982)
Back-dating the year of waiting
“Regarding the back-dating of the beginning of the year of waiting: though this is a matter within the discretion of the Assembly, normally it should not be earlier than the date of application for Bahá’í divorce unless there is a good and sufficient reason.” (Letter from the Universal House of Justice to the National Spiritual Assembly of the United States, August 7, 1970)
“The Spiritual Assembly may, if it is satisfied that there is sufficient reason for doing so, establish the date for the beginning of the year of waiting retroactively. Whether established retroactively or not, the date set for the beginning of the year of waiting cannot be prior to the last date when the couple actually separated for the purpose of obtaining a divorce.” (Letter from the Universal House of Justice to the National Spiritual Assembly of the United States, September 26, 1972)
Reconciliation voids the year of waiting
“If, as a result of efforts at reconciliation, a normal marital relationship is resumed between the parties to a divorce, the whole process of divorce is considered to be abandoned. In case the parties later desire to divorce they must apply again for Bahá’í divorce and the year of waiting must be commenced anew." (Letter from the Universal House of Justice to a National Spiritual Assembly, January 5, 1967)
“Regarding the question of voiding the year of waiting, should a couple share a common residence for one or two nights when the residence belongs to a third party, the House of Justice does not wish to make a ruling on such a general basis. In the case you mention involving temporary residence in the home of the parents of one of the parties who are in a year of waiting, the House of Justice suggests you try to verify whether or not the purpose of the year of
[Page 2]
or individuals in a uana'i 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.” (Letter written by the Universal House of Justice
to the National Spiritual Assembly of the United States,
March 22, 1968)
Purpose of the year of waiting
“It is understood that two Bahá’ís who reach the point of strain where they feel a divorce is necessary need time to cool down and reflect, which is, of course, the purpose of the year of waiting.” (Letter written on behalf of the Universal House of Justice to the National Spiritual Assembly of the United Kingdom, August 3, 1981)
Applying for the year of waiting
“...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.” (Letter from the Universal House of Justice to the National Spiritual Assembly of the United States, April 16, 1967)
Date of beginning of the year of waiting
“Mr. _j__’s assumption that the date of when he appeared before the local Spiritual Assembly of .... .. is the effective date of the beginning of the year of patience is incorrect. As we said in our letter of , the beginning of the year of patience should not be set without first investigating the matter and making an effort at reconciliation." (Letter from the Universal House of Justice to the National Spiritual Assembly of the United States, December 23, 1966)
Consent of both parties not required
“Either party may apply for the year of waiting without the consent of the other.” (Letter from the Universal House of Justice to the National Spiritual Assembly of Australia, November 23, 1970)
Physical separation required before year of waiting can be established
“The Bahá’í Law requires that the parties separate for one full year before the divorce may be realized. This contemplates complete physical separation in the sense that they should not reside in the same dwelling." (Letter written by the Universal House of Justice to the National Spiritual Assembly of Australia, April 23, 1964)
"The couple must realize that the year of patience carmot begin to run unless and until they are living apart, and it is for them to decide between them which will leave the home.” (Letter written by the Universal House of Justice to the National Spiritual Assembly of the United States, December 2, 1965)
If one partner is not a Bahá’í
“With regard to the question of Bahá’í divorce, the year of separation is necessary even though the non-Bahá’í partner to the marriage is the one instituting the divorce pro .. ....... ..... ..,.y.......uu.. Iv: unvuavv no unuu» I-\l u upuuuuu
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 patience." (Letter written on behalf of the Universal House of Justice to an individual believer, November 3, 1982) “Grounds” for a Bahá’í’ divorce
“The mere fact that one party to a marriage files application for Bahá’í divorce does not make the setting of the year of waiting automatic. While consent of both parties is not required, as you correctly state, this does not mean that an attempt should not be made to consult both parties. In setting the beginning of the year of waiting, the Assembly is
determining whether the grounds for Bahá’í divorce exist, and it should endeavor to assemble every fact pertaining thereto. In addition the Assembly has the duty of attempting to reconcile the parties.” (Letter from the Universal House of Justice to the National Spiritual Assembly of the United States, August 7, 1970)
“In the strict legal sense there are no ‘grounds’ for a Bahá’í divorce. No question of misbehavior of either party is involved and the only condition under which a Bahá’í divorce may be considered is the irreconcilable antipathy of the parties.” (Letter from the Universal House of Justice to the National Spiritual Assembly of Alaska, May 24, 1972)
What constitutes “aversion"
“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. Baha’(s 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 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
of the year of waiting cannot be prior to the last date when the couple actually separated for the purpose of obtaining a divorce.” (Letter from the Universal House of Justice to the National Spiritual Assembly of the United States, September 26, 1972)
Reconciliation voids the year of waiting
“If, as a result of efforts at reconciliation, a normal marital relationship is resumed between the parties to a divorce, the whole process of divorce is considered to be aban _ doned. In case the parties later desire to divorce they must
apply again for Bahá’í divorce and the year of waiting must be commenced anew.” (Letter from the Universal House of Justice to a National Spiritual Assembly, January 5, 1967)
“Regarding the question of voiding the year of waiting, should a couple share a common residence for one or two nights when the residence belongs to a third party, the House of Justice does not wish to make a ruling on such a general basis. In the case you mention involving temporary residence in the home of the parents of one of the parties who are in a year of waiting, the House of Justice suggests you try to verify whether or not the purpose of the year of waiting has been preserved and if satisfied this is so, make your decision accordingly.” (Letter from the Universal House of Justice to the National Spiritual Assembly of the United States, August 2, 1981)
Dating during the year of waiting
“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 isnot 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.” (Letter from the Universal House of Justice to an individual believer, March 6, 1974)
Husband is responsible for wife‘: support during the year of waiting
“The House of Justice wrote to another National Assembly on April 5, 1970, as follows:
‘The only provision of 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.’
[Page 3]
347 TheAmerican arm / May 1982?"
BAI-lA’l NATIONAL REVIEW
May 1988 No. 1 23
“While it is obvious that the Assembly should encourage the husband to honor 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 prwent time National Spiritual Assemblies should not normally apply sanctions in cases of failure to comply with support requirements." (Letter from the Universal House of Justice to the National Spiritual Assembly of Canada, February 6, 1978)
At the prment time, the year of waiting must be observed even what adultery is proven
“The provisions of the Tablet of ‘Abdu’l-Bahá regarding exanptionfromtheyearofwaitingbecauseofinfidelity appliestobothhusbandandwife. Inaletterwritten onbehalf of the Universal House of Justice to an individual beEever dated April 28, 1974, which is also included in the newly released compilation on the subject of women, the following is stated:
‘It is apparent from the Guardian's writings that where Balui'u’llahhasexpressedalawasbetweenamananda wormn it applies, mutatis mutandis, between a woman and a man rmless the context should make this impossible.’
"This aspect of the Bahá’í law of divorce, however, will need ehreidation and supplementary legislation by the House of Justice. Therefore, at the present time, the year of waitingmustbeobservedwhenadulteryonthepartofeither party is proven.” (Letter written on behalf of the Universal House of Justice to the National Spiritual Assembly of the United States, February 11, 1986)
At the praent time, the husband is responsible for his wife's orpenses during the year of waiting even if his wife is unfaith/id
“... there is a Tablet from ‘Abdu’l-Bahá which states thattheyearofwaitingiswaivedinthecaseofanunfaithful wife. This aspect of the Bahá’í law, however, will need elucidation and supplementary legislation by the Universal House of Justice. Therefore, at the present time, in divorce cases such as the one you cited, the husband must still observe the year of waiting, which involves payment of the wife's expenses during this period.” (E-mail sent by the Universal House of Justice dated June 17, 1987)
It is preferable that a civil divorce action not be instituted or finalized until completion of the year of waiting
“... it is permissible, when necessary, to initiate civil divorce proceedings before the ending of the year of waiting. Obviously it is much more in the spirit of Bahá’í law for a believer to approach the Spiritual Assembly before initiating any civil proceedings, but if he does the reverse this is not a sanctionable offense.” (Letter from the Universal
House of Justice to the National Spiritual Assembly of (‘as-satin Qarvtounha-r')(| I0'71\
National Spiritual Assembly of the United States, January 23, 1966) Bahá’í’partner is released from the need to wait if the non-Bahd 'r’ partner remarries
“If, however, such non-Bahá’í partner actually marries another party before the ending of the year, then the Bahá’í partner is released from the need to wait.” (Ibid.) Divorce proceeding begun before enrollment
“You ask about the contact who wishes to declare her faith, having already initiated legal steps to divorce her husband. As this case is already in process before her declaration she does not have to observe Bahá’í divorce law.” (Letter from the Universal House of Justice to a National Spiritual Assembly, May 21, 1968) Should not announce new marriage plans while still legally married
‘‘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.” (Letter from the Universal House of Justice to the National Spiritual Assembly of Australia, January 17, 1971) The year of waiting cannot be extended
“The date for the beginning of the year of waiting having been fixed, it is the obligation of the parties to make every effort to reconcile their differences and to try to preserve the marriage. The Spiritual Assembly has the obligation to offer them every assistance in this regard. But if , at the end of the year, harmony is not established, the Bahá’í divorce becomes effective, unless further waiting is necessary before the civil divorce is granted since the Bahá’í divorce cannot be granted before the civil divorce is finalized. Other than this, there is no possibility for extending the period of waiting. Moreover, Bahá’ís should not prolong the process longer than is necessary.” (Letter from the Universal House of Justice to an individual believer, July 12, 1979)
A believer without administrative rights may but is not required to observe the year of waiting
“... a Bahá’í who has lost his administrative rights is not required to observe the year of waiting before divorce, but he may do so if he wishes. The Assembly should offer counseling on the divorce in any case.” (Letter from the Universal House of Justice to the National Spiritual Assembly of Canada, March 18, 1975) Support of children
‘‘It is preferable for the parties to the divorce to work out, in consultation with the Assembly, an amicable agreement as to the support of the children which could be submitted to the civil court and incorporated in the decree of divorce. Whatever the court decides, however, regarding provisions for support of the children, it is binding upon both parties, and, as Bahá’ís, they will obey the decree of the civil court regardless of where they may be domiciled in
the future.” (Letter from the Universal House of Justice to the National Spiritual Assembly of the United States- Am-il
vorce 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 agreement 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.” (Letter written on behalf of the Universal House of Justice to the National Spiritual Assembly of Canada, January 13, 1983)
Obligation of the couple to obey the divorce decree
“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 fulfillment. 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 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.” (Letter written on behalf of the Universal House of Justice to the National Spiritual Assembly of Canada, January 13, 1983)
Ignorance of the law
‘‘In cases in which your Assembly has decided that the believer was ignorant of the law requiring him to have a Bahá’í divorce before marrying another, and a civil divorce has already been obtained, your Assembly may in its discretion excuse him and he would be regarded as in the same status as one who obtained a divorce before becoming a Bahá’í.” (Letter from the Universal House of Justice to the National Spiritual Assembly of Canada, March 14, 1976) Granting of a Bahá’í’ divorce
“You should make it clear that a Bahá’í divorce cannot be granted prior to the granting of a final divorce decree in the civil action nor before the expiration of the year of patience.” (Letter from the Universal House of Justice to the National Spiritual Assembly of the United States, June 5, 1966)
"It is the responsibility of the (local) Assembly to register the end of the year of patience and advise the couple of it. If the Assembly determines that the couple has not been able to be reconciled and that the year of patience has truly been completed, then they may grant the Bahá’í divorce." (Letter from the Universal House of Justice to the National Spiritual Assembly of the United States, January 23, 1966)
Note: The date on which a Bahd'r’ divorce should be granted is either (I) the date of the completion of the year of waiting (if the civil divorce has been finalized), or (2) the date of the finalization of the civil dirLoree_(t'f the y_ear of
[Page 4]
wae'.serwernardunrrgtneyearoj waitingeven Unis wifeis
rarfaitlqful
“... there is a Tablet from ‘Abdu’l-Bahá which states thattheyearofwaitingiswaivedinthecaseofanunfaithful wife. This aspect of the Bahá’í law, however, will need elucidation and supplementary legislation by the Universal House of Justice. Therefore, at the present time, in divorce casessuchastheoneyoucited, thehusband muststillobserve the year of waiting, which involves payment of the wife’s expenses during this period.” (E-mail sent by the Universal House of Justice dated June 17, 1987)
It is preferable that a civil divorce action not be instituted or finalized until completion of the year of waiting
“... it is permissible, when necessary, to initiate civil divorce proceedings before the ending of the year of waiting. Obviously it is much more in the spirit of Bahá’í law for a believer to approach the Spiritual Assembly before initiating any civil proceedings, but if he does the reverse this is not a sanctionable offense.” (Letter from the Universal House of Justice to the National Spiritual Assembly of Canada, September 20, 1973)
“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 not be instituted or completed before the end of the year unless there are special circumstances justifying such action.” (Letter from the Universal House of Justice to the National Spiritual Assembly of the United States, August 20, 1974)
A Baha"t' is subject to sanctions if he remarries before completion af the year of waiting
“. .. the believer will be subject to sanctions if he should marry a third party within the year of patience, not only because it is a violation of the year of patience itself, but also because even though a civil divorce has been granted, the Bahá’í divorce cannot be granted until the end of the year of patience. For this reason no marriage is possible during the running of the year of patience unless the parties to the divorce remarry each other in a civil ceremony.” (Letter written on behalf of the Universal House of Justice to the National Spiritual Assembly of Denmark, July l8, 1973)
“Even though a Bahá’í has obtained a civil divorce, under Bahá’í law he cannot be regarded as divorced unless he has also obtained a Bahá’í divorce; therefore, he is not free to marry. Should he attempt to marry and in the process violate the Bahá’í law governing marriage, he is, of course, subject to sanction.” (Letter written on behalf of the Universal House of Justice to the National Spiritual Assembly of Camila, Febnrary 13, 1975)
If a non-Bahd ’t’ partner obtains a civil divorce
“... If, as in the case cited, a civil divorce is granted to a non-Bahá’í partner before the end of the year of patience, a Bahá’í divorce cannot be granted until the end of that year. It has been known for a couple to obtain a civil divorce in this way and then become reconciled before the ending of the year, when they th had a civil marriage; from the BaM'i point of view they had never been divorced.” (Letter written on behalf of the Universal House of Justice to the
l 979)
A believer without administrative rights may but is not required to observe the year of waiting
“... a Bahá’í who has lost his administrative rights is not required to observe the year of waiting before divorce, but he may do so if he wishes. The Assembly should offer counseling on the divorce in any case.” (Letter from the Universal House of Justice to the National Spiritual Assembly of Canada, March 18, 1975)
Support of children
‘‘It is preferable for the parties to the divorce to work out, in consultation with the Assembly, an amicable agreement as to the support of the children which could be submitted to the civil court and incorporated in the decree of divorce. Whatever the court decides, however, regarding provisions for support of the children, it is binding upon both parties, and, as Bahá’ís, they will obey the decree of the civil court regardless of where they may be domiciled in the future.” (Letter from the Universal House of Justice to the National Spiritual Assembly of the United States, April 26, 1967)
No Baha"t' marriage is necessary if a reconciliation takes place before a civil divorce and after the end of the year of waiting '
“As far as Bahá’í law is concerned, divorce is automatically granted at the end of the year of waiting if reconciliation has not taken place, but since in the United States Bahá’í divorce carmot become effective until the civil divorce is granted, should the couple be reconciled during the period between the end of the year of waiting and the time when the civil divorce would become effective, there would be no need for the parties to remarry according to Bahá’í law.” (Letter from the Universal House of Justice to the National Spiritual Assembly of the United States, May 1, 1967)
Relationship of civil divorce to Baha"t’ divorce
“Questions are sometimes raised concerning the relationship of a civil divorce to the Bahá’í divorce. Undoubtedly your Assembly is aware of the fact that it cannot grant the Bahá’í divorce even after the year of waiting until the civil divorce becomes final, but you may find it useful to have the guidance in the following extracts from a letter of the Universal House of Justice:
‘It should be pointed out that civil suit for divorce and Bahá’í divorce are two entirely different matters. recourse to the civil authority is only for the purpose of giving legal sanction to the divorce.
‘... no sanctions should be imposed merely because the believer has commenced a civil action for divorce before the expiration of the year of patience.’ (Letter from the Universal House of Justice to the National Spiritual Assembly of Denmark, July 18, 1973)
“In general 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 di National Spiritual Assembly of Canada, March 14, 1976) Granting of a Bahd ‘t’ divorce
"You should make it clear that a Bahá’í divorce cannot be granted prior to the granting of a final divorce decree in the civil action nor before the expiration of the year of patience.” (Letter from the Universal House of Justice to the National Spiritual Assembly of the United States, June 5, 1966)
“It is the responsibility of the (local) Assembly to register the end of the year of patience and advise the couple of it. If the Assembly determines that the couple has not been able to be reconciled and that the year of patience has truly been completed, then they may grant the Bahá’í divorce.” (Letter from the Universal House of Justice to the National Spiritual Assembly of the United States, January 23, 1966)
Note: The date on which a Bahá’í’ divorce should be granted is either (1) the date of the completion of the year of waiting (if the civil divorce has been finalized), or (2) the date of the finalization of the civil divorce (if the year of waiting has already been completed). The date the divorce papers are received bv the Assembly or the date the divorce is recorded in Assembly minutes is irrelevant.‘
No Bahá’í’should impede the divorce process after the year of waiting is completed
“When a year of waiting ends without re-establishment of the marriage relationship, it is not in the spirit of the Faith for one party to delay or interfere with the civil divorce which thereafter must occur in order to legalize the Bahá’í divorce.” (Letter written on behalf of the Universal House of Justice to the National Spiritual Assembly of Canada, August 1, 1978)
Annulment
“Under Baha’r’ law it may be possible under certain circumstances to have a Bahá’í' divorce without compelling the parties to observe the year of waiting, or to armul a Bahá’í marriage. However, we have not as yet defined the circumstances; therefore, in the case you mention we leave it to the discretion of your Assembly to handle the matter as you deem advisable.” (Letter from the Universal House of Justice to the National Spiritual Assembly of the United States, December 23, 1969)
“If it is established that since the marriage ceremony irreconcilable aversion has developed and there has been no consummation of the marriage, the year of waiting, according to the statement on page 41 of the ‘Synopsis and Codification of the Laws and Ordinances of the Kitáb-i-Aqdas,’ is not required.” (Letter written on behalf of the Universal House of Justice to the National Spiritual Assembly of the United States, May 22, 1987)
“Should either party, following the recital of the specifically revealed verse and the payment of the dowry, take a dislike to the other, before the marriage is consummated, the period of waiting is not necessary prior to divorce. The taking back of the dowry, however, is not permitted.” (Synopsis and Codification of the Kitáb-i-Aqdas, p. 41)
