France Moves To Scrap 'Marital Duty' — Refusing Sex Will No Longer Be Grounds For Fault Divorce

French lawmakers are set to remove any implied legal 'marital duty' to have sex, effectively making the absence or refusal of sexual relations between spouses an invalid basis for a fault-based divorce.

What The Bill Does

Drafted by Paul Christophe (Horizons) and Green MP Marie-Charlotte Garin, the proposal would amend the civil code to state explicitly that spouses must respect each other's consent and that 'divorce on the grounds of fault cannot be based on the absence or refusal of sexual relations.' Backers expect the measure to pass the National Assembly and be adopted before the summer parliamentary recess under an accelerated timetable.

Why The Change?

The initiative follows a 2023 ruling by the European Court of Human Rights (ECHR) in Strasbourg, which found that France had violated a woman's rights after a court granted her husband a fault-based divorce when she stopped having sexual relations with him. The ECHR said that treating sex as a marital obligation undermines sexual freedom and bodily autonomy.

'This bill sets a clear boundary: in marriage, as in any relationship, everything begins with consent,' said Paul Christophe. Marie-Charlotte Garin added that the reform corrects 'a legal absurdity and a human injustice.'

Legal And Social Context

Although French law has not used the exact phrase 'marital duty' in statute, courts have long referred to a 'community of life' between spouses — a vague concept sometimes interpreted as implying a 'community of bed.' French law also lacks a definition of what counts as 'regular' sex, leaving significant discretion to judges. Advocates say the new wording will remove that ambiguity and place consent at the centre of marital law.

Marie-Charlotte Garin, a Green MP who tabled the bill, says the reform will correct ‘a human injustice’ - DIMITAR DILKOFF

The bill's supporters — including Delphine Zoughebi, the lawyer who represented the Strasbourg applicant — say the change will have an educational effect. They hope revised wording will be read aloud by mayors at wedding ceremonies to reinforce publicly that there is no legal 'marital duty' to have sex and that consent is required between spouses.

Broader Legal Reforms And Public Attitudes

The debate comes amid broader shifts in how France handles sexual violence: in November last year the criminal code was revised to make non-consent central to the legal definition of rape. High-profile cases such as the Dominique Pélicot trial, in which a husband was convicted of orchestrating the mass rape of his drugged wife, have focused public attention on consent.

Social surveys also show changing behaviour. A 2024 IFOP survey found that only 43% of French adults reported having sex at least once a week, and nearly one in four said they had not had sex at all in the previous year — the lowest level in decades. Some experts link part of the decline to less pressure to engage in sex out of a sense of obligation.

Next Steps

If the bill is approved by the National Assembly, it will be fast-tracked to the Senate with ministers aiming for final adoption before the summer recess. The reform would bring France closer to other jurisdictions where consent and no-fault divorce frameworks limit fault-based claims tied to private sexual behaviour.

What This Means: The proposed change reaffirms bodily autonomy and consent within marriage and removes a legal route that could penalise people — most often women — for refusing sex.