On January 28th, the National Assembly adopted unanimously another Law proposition officially ending the “conjugal dutyThe text clearly states in the Civil Code that marriage does not create no obligation to have sexual relations between spouses and that the refusal can no longer be invoked in the context of a divorce for fault.
Supported by deputies Marie-Charlotte Garin (environmentalist) and Paul Christophe (Horizons), this reform aims to to resolve a long-standing legal ambiguity, stemming from certain interpretations of the “community of lifesometimes likened to a sexual obligationA reading that had, in the past, led to controversial judicial decisions, even to the point of France condemned by the European Court of Human Rights in January 2025.
By explicitly clarifying the law, parliamentarians intend reaffirm the fundamental principle of consent, including within the context of marriage. “I would like to have A thought for all the women who were forced into it, who suffered marital rape.“,” said Marie-Charlotte Garin after the vote, emphasizing the symbolic and societal significance of the text. For Paul Christophe, the objective is also preventive : to prevent any questioning of free consent during legal proceedings and strengthen the fight against sexual violenceAdopted without opposition, the bill must now to be examined by the SenateIts authors hope for a promulgation before summer 2026This marks a major evolution in matrimonial law and sends a strong signal to society.
Source: Faxinfo https://faxinfo.fr/en/politique-mariage-et-consentement-la-fin-du-devoir-conjugal/
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