France’s National Assembly has approved a historic legal reform that removes the longstanding legal concept of “marital duty” to have sex, a move aimed at strengthening protections for sexual consent within marriage and ending interpretations that once allowed refusal of sex to be treated as a marital fault. The bill must now be examined by the Senate before potentially becoming law later in 2026.

What the Reform Does

Under the approved legislation, the French civil code will be amended to make it explicitly clear that marriage does not create an obligation for spouses to engage in sexual relations. Previously, courts sometimes interpreted the concept of “community of life” — a legal obligation for married couples to live together — as implicitly including sexual relations, even though the code did not specifically mention sex.

The new wording will specify that cohabitation does not impose any duty to have sex, ending the idea of devoir conjugal (conjugal duty) once and for all.

Why the Change Matters

Supporters of the reform — including lawmakers from across the political spectrum — argue that the removal of marital sexual duty from law is a necessary clarification that aligns civil marriage law with modern principles of individual autonomy and consent.

Although marital rape has long been criminalised in France, the notion that a spouse owed sexual relations within marriage persisted in some legal interpretations and public perceptions. Critics said this ambiguity could lead to unjust outcomes in divorce or family law cases.

Last year, the European Court of Human Rights ruled that a French court had violated a woman’s rights when it allowed refusal to have sex to contribute to fault-based divorce findings, underscoring the need for clearer legal protections for sexual autonomy within marriage.

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Broader Legal Context

Under current French law, marriage imposes several obligations on spouses, including fidelity, mutual support, assistance, and shared life. Until now, judges in some cases inferred a sexual obligation from the duty to live together, even though the Civil Code did not explicitly impose it.

The new bill healthily clarifies that consent is central to all sexual activity, even between married partners — a step that advocates say will help reduce pressure on individuals and protect against coercion and abuses previously justified by outdated interpretations.

What Happens Next

With the National Assembly’s unanimous approval, the bill will advance to the Senate, where it will be reviewed under an accelerated procedure. If the Senate affirms the text, the reform could be formally enacted into law later in 2026, marking an important shift in French civil and family law.

Conclusion

France’s move to abolish the marital duty to have sex represents a symbolic and legal milestone in reinforcing sexual autonomy, consent, and personal autonomy within marriage. By explicitly clarifying that marriage does not imply a duty for sexual relations, lawmakers hope to remove outdated interpretations and ensure that consent remains the foundation of intimate relations between spouses.