France abolishes the concept of “sexual obligation” in marriage

The French National Assembly has approved a bill that explicitly states that marriage does not create an obligation to have sexual relations. The law amends the civil code to clarify that “cohabitation” does not create a legal obligation for sexual relations.

The decision was adopted by the French National Assembly on Wednesday. According to the changes, the absence of sexual relations within a marriage can no longer be used as an argument for “divorce based on fault.” The author of the bill, Green Party MP Marie-Charlotte Garin, said that marriage can never be considered a lifelong and unchangeable sexual consent.

The move, although not explicitly written in legal texts for many years, was taken in response to uncertainty that has existed in judicial practice. While the French civil code lists the foundations of marriage as “respect, fidelity, support and assistance”, some judges have sometimes interpreted the concept of “cohabitation” to include sexual relations. The BBC reports that this approach has led to consequences that are particularly detrimental to women’s rights.

For example, in 2019, a woman was granted a divorce on the grounds that she was “guilty” of refusing to have sex with her husband for a long time. The woman took the case to the European Court of Human Rights, which in 2025 found France guilty of violating the law for allowing the practice. Although similar rulings are virtually impossible to issue after this ruling, the new law clearly clarifies the legal framework.

The law also comes amid broader legal reforms in France regarding domestic violence and rape. The controversial Mazan case of 2024 and recent changes have placed the principle of “clear, informed and revocable” consent at the heart of the concept of sexual integrity in France. The new decision reinforces this approach and reaffirms that consent is a fundamental and immutable right, even within marriage.

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