US EditionFrance moves to abolish concept of marital duty to have sex
- On Wednesday, the National Assembly approved a bill to end `marital duty` by amending the civil code to state living together does not create a sexual obligation, backed by more than 120 cross‑party MPs with 106 votes in favour and zero against.
- Responding to legal ambiguity, lawmakers say the move addresses a long-standing issue critics say weakened sexual consent and let outdated ideas cloud divorce proceedings.
- Lawyers supporting the change argued `this decision marks the abolition of marital duty and an archaic vision of the family,` and a unanimous judgement held `any non-consensual sexual act constitutes a form of sexual violence.`
- Lawmakers say the amendment will bind French judges and change divorce proceedings by removing interpretations implying sexual obligation, strengthening consent protections.
- It now goes to the Senate, where supporters aim to make it law before summer 2026 following last year’s consent reform and a 69-year-old woman’s appeal to the European Court of Human Rights in Strasbourg.
47 Articles
47 Articles
The case started when a man divorced his wife in 2019 on the grounds that she refused to sleep with him for several years.
France Shakes Up Tradition: Marital Duty No Longer Required in Marriage
In a landmark decision that reverberates beyond the borders of France, the French government has officially abolished the legal obligation of marital duty within marriage. Announced amid growing debates on personal freedoms and the evolving nature of conjugal relationships, this move marks a significant shift in the country’s legal and cultural framework. The changes, reported [...]
France, which presumed to be the first country in the world to approve the inclusion of the right to abortion in the Constitution two years ago, still contemplates in its law such an archaic concept as “marriage duty”: the obligation to have sexual relations within the couple. This week the French Assembly voted to put an end to this ambiguous notion, which many judges have used as an argument for granting divorces. Feminist organizations have f…
The French National Assembly has unanimously adopted a bill to support consent in the Civil Code and to put an end to the so-called "marital duty", a legal figure interpreted in some cases of divorce as the obligation to have sexual relations within marriage. Currently, the French Civil Code stipulates in its article 215 that "the spouses commit themselves to a common life", a phrase used in the context of a divorce case concluded in France in 2…
The text aims to remove a "legal blur" on an alleged sexual obligation between spouses and to prevent marital rape.
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