Common law marriage

Believers cohabiting due to a common law marriage contracted because of the relationship of the law and the church in certain areas (and not due to companionate marriage), can be accepted by the institutions of the Faith if contracted before a person became a Bahá'í

"We have reviewed your letter of October 25 asking questions concerning the application of Bahá'í marriage laws in your community.

"The problem you describe in your letter is more or less common to the other territories in Latin America, and during the lifetime of the Guardian similar problems were presented to him by National Assemblies operating at the time in Latin America. The replies given by the Guardian indicate that distinction should be made between companionate marriage and flagrant immorality on the one hand, and common law marriage contracted because of the present relationship of law and the church in those areas on the other. Whilst the first type of relationship is immoral and therefore cannot be tolerated, the second type of relationship, if contracted before a person has become a Bahá'í, may be accepted by the institutions of the Faith without requiring the person to undo such ties."

(From a letter of the Universal House of Justice to the National Spiritual Assembly of Paraguay, November 21, 1967, in Lights of Guidance, no. 1274)

Where there has been a solemn contract with the sole intention of establishing a family, but which could not be registered due to legal complications, is not the same as companionate marriage (which, depending on the latter's definition, is either merely condemned or also cannot be accepted by the institutions until believers terminate or change the nature of the relationship)

"The basic difference between the two categories of relationships is that common law marriage is considered by the parties concerned as a solemn contract with the sole intention of establishing a family but which, because of legal complications, cannot be duly registered, whereas in companionate marriage and the like the parties concerned initiate and maintain their relationship either on a trial basis or on other immoral grounds, both of which are condemned in our Teachings.

"We feel that by applying these principles in each of the cases you cite in your letter, with wisdom, kindness and love you will be able gradually to educate the friends in the fundamentals of our Teachings and enable them to overcome their moral difficulties."

(From a letter of the Universal House of Justice to the National Spiritual Assembly of Paraguay, November 21, 1967, in Lights of Guidance, no. 1271)

If a couple (before becoming a Bahá'í) has established firm ties and are living together as married and accepted as such by those around them, standing the test of time, even with children, but are not legally recognized (e.g., in Catholic countries which do not recognize divorce), they may be accepted as married (without need or permissibility of having another Bahá'í marriage--though may reaffirm marriage vows)

"Because of unusual conditions in certain countries and certain cases it sometimes happens that a person will become a Bahá'í when he or she is living in a situation which does not clearly fit within either of the above definitions. Such a case occurs, for example, where a couple have established firm ties of union and are living together in such a way that they appear to be married and are accepted as such by those around them; the union has stood the test of time and there may even be children, and yet, in fact, the couple are not actually married in any of the ways defined above. The principle followed here is that we do not pry into people's lives and insist on their undoing those ties they have established before becoming believers, but the union is accepted as a marriage in the eyes of Bahá'í law. The Guardian upheld this principle in situations which arise in some Catholic countries where, because of the relationship between church and state divorce is impossible, and one or both of the parties may still be legally married to someone else. Where it is possible for such a couple to regularize their position in civil law by having a civil marriage ceremony, they may certainly do so, but it is neither necessary nor permissible for them to have a Bahá'í marriage ceremony, since, in the eyes of Bahá'í law, they are already united in marriage."

(From a letter written on behalf of the Universal House of Justice to the National Spiritual Assembly of Panama, September 7, 1981, in Lights of Guidance, no. 1270)