France Abolishes Marital Duty of Consent to Sex

Tue Feb 03 2026 22:02:15 GMT+0200 (Eastern European Standard Time)

In a groundbreaking move, the French National Assembly has approved a bill to end the legal concept of 'conjugal rights', ensuring no obligation for sexual relations in marriage.

The French National Assembly has passed a bill that removes the notion of 'conjugal rights', meaning that marriage will no longer imply a legal duty for sexual relations. This change aims to clarify the civil code and is seen as a step toward preventing marital rape, despite unlikely immediate impacts in divorce courts. The proposed law highlights the importance of consent in marriage and addresses outdated legal assumptions regarding sexual obligations.

France Abolishes Marital Duty of Consent to Sex

In a groundbreaking move, the French National Assembly has approved a bill to end the legal concept of 'conjugal rights', ensuring no obligation for sexual relations in marriage.

The bill specifies that while marriage entails a 'community of living', it does not create a mandate for sexual relations. This legislation also prevents the lack of sexual relations from being a valid argument for fault-based divorce.

Supporters of the bill hope it will serve as a legal deterrent against marital rape, as the notion of a 'duty' to have sex can perpetuate harmful dynamics within relationships.

Marie-Charlotte Garin, the bill's sponsor, emphasized that perpetuating such a duty equates to endorsing a system of domination that could enable abusive situations. Marriage cannot be a bubble in which consent to sex is regarded as definitive and for life, she stated.

Currently, French civil code includes duties of respect, fidelity, support, and assistance but does not explicitly mention 'conjugal rights'. The origins of such notions trace back to historical church laws, despite a lack of mention in contemporary legal texts.

Judicial interpretations in divorce cases have previously suggested an obligation to maintain sexual relations, as seen in a prominent case from 2019. Following a judgment where a woman was denied a divorce despite lack of sexual relations leading to allegations of fault, the European Court of Human Rights (ECHR) condemned France for allowing such grounds for divorce.

The ECHR's decision significantly impacts the approach of French courts regarding fault-based divorces, ensuring that lack of consent cannot be used as a legal argument.

The bill represents a clarifying legislative measure, as campaigners strive to confront lingering societal beliefs that obligate spouses to engage in sexual relations based solely on marital status.

In conclusion, while the new law primarily serves to clarify existing ambiguities, it aims to eliminate outdated assumptions surrounding marital obligations and enhance protection against marital violence.