In a historic shift for the French legal system, the National Assembly has unanimously approved a legislative amendment to dismantle the long-standing concept of 'marital duty' (devoir conjugal). The cross-party bill, backed by more than 120 MPs and passed on Wednesday, 28 January 2026, seeks to clarify that the legal obligation for spouses to live together does not extend to sexual relations.
The reform addresses a persistent legal 'grey area' within the French Civil Code. While the Code officially lists duties such as fidelity, support, and assistance, it has never explicitly mentioned a sexual obligation. However, for over two centuries, judges have frequently interpreted Article 215—which mandates a 'community of life'—as implying a shared bed and an implicit right to sexual access, as reported by France 24.
Overturning the Napoleonic Legacy
The origins of the 'marital duty' trace back to the Napoleonic Code of 1804, which viewed marriage as a framework for reproduction and family stability. This era's legal framework often conflated cohabitation with 'sexual servitude,' a sentiment that feminist groups argue has survived through judicial precedent despite modern advancements in human rights.
The impetus for this week's legislative action was a watershed ruling by the European Court of Human Rights (ECHR) in early 2025. The court sided with a French woman who had been found 'at fault' for her divorce by the Versailles Court of Appeal because she had ceased having sexual relations with her husband. The ECHR ruled that 'consent to marriage could not imply consent to future sexual relations,' declaring that the French court's interpretation violated the right to private life and bodily autonomy, as detailed by Wikipedia.
Closing the Fault-Based Divorce Loophole
The new text specifically amends the Civil Code to state that 'cohabitation does not create any obligation for spouses to have sexual relations.' This clarification is designed to prevent judges from assigning blame in divorce proceedings based on a lack of intimacy—a practice that lawyers argue has historically 'stigmatised' women and enabled a culture of marital coercion.
Lawmaker Véronique Riotton, one of the bill's primary sponsors, stated that the reform is a necessary step to align civil law with criminal law. France recently updated its Penal Code to include a clear definition of consent in rape cases, and legislators argued it was 'absurd' to have a civil system that still hinted at an obligation to perform sexual acts, according to The Persistent.
A 'Paradigm Shift' for Consent
The unanimous support in the lower house reflects a broader cultural reckoning in France, sparked in part by high-profile cases like the Gisèle Pelicot trial, which exposed the limits of existing protections against sexual violence within marriage. Rights groups like Fondation des Femmes have hailed the vote as a victory over 'archaic' stereotypes that suggested it was a wife's duty to provide sex regardless of her own desire.
'The law is finally catching up with the reality that marriage is a partnership of equals, not a contract for bodily use,' said Lilia Mhissen, a lawyer who represented the plaintiff in the ECHR case, as cited by Strasbourg Observers.
The bill now heads to the Senate, where it is expected to face further scrutiny before being signed into law. If enacted, it will mark the most significant change to the French definition of marital obligations since the introduction of no-fault divorce, effectively ending the era of 'enforced intimacy' in the eyes of the state.
Originally published on IBTimes UK
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