It was not until January 28, 2026 that the French National Assembly put an unambiguous end to any legal interpretation equating marriage with a sexual obligation. The bill adopted aims to definitively invalidate a contested judicial interpretation according to which the “community of life” provided for by the Civil Code implied, by extension, a “community of bed”.
Consent to marriage does not amount to permanent consent to sexual relations.
Former situation
New situation
Marriage could be interpreted as creating an implicit marital duty
The law now specifies that marriage does not impose any sexual obligation (Article 215 of the Civil Code)
Some divorces were granted on the grounds of failure to fulfill marital duty
This ground for divorce is no longer legally admissible
Consent was sometimes presumed in civil law
The law emphasizes explicit consent as a fundamental principle
By removing any implicit reference to marital duty, the French reform marks a strong symbolic and legal break: marriage is no longer, under any circumstances, a framework in which sexual consent can be presumed.
1. What is marital duty?
Historically, the notion of marital duty refers to the idea, inherited from the Napoleonic Civil Code, that a spouse was required to accept sexual relations with the other within marriage. This obligation was not explicitly written into the law, but rather resulted from judicial interpretation — notably based on Article 215 of the Civil Code, which requires spouses to live a “community of life” (an expression that had been understood as implying a shared marital bed).
2. Why is there now talk of reform?
European condemnation
In January 2025, the European Court of Human Rights (ECHR) ruled that treating a spouse’s refusal to engage in sexual relations as a “fault” violates sexual freedom and the right to bodily autonomy. This decision prompted French lawmakers to act in order to put an end to this ambiguous interpretation in civil law
3. What does the new law change?
In January 2026, the National Assembly unanimously adopted a law aimed at abolishing any notion of marital duty in French civil law.
Illustration by Bendak
What the reform provides for
Article 215 of the Civil Code is amended to state that: “The community of life between spouses does not create any obligation for spouses to have sexual relations.” In other words, marriage no longer creates any legal obligation to engage in sexual relations.
Concrets effects
A spouse’s refusal to have sexual relations can no longer legally be considered a fault justifying a fault-based divorce. The text emphasizes consent: every sexual relationship must be free, informed, and consensual — even within marriage. The law corrects a situation in which some courts were still relying on outdated doctrine when ruling in divorce cases.
The process is not yet complete
Although the bill has been passed by the National Assembly, it must still be examined by the Senate. Its final entry into force is expected by summer 2026, provided no amendments are made.
4. Why this reform matters
Legally: It clarifies civil law by eliminating an archaic interpretation.It prevents divorce from being used as a means of stigmatizing a spouse on the basis of their refusal to engage in sexual relations.
Socially:It affirms that consent is essential, even within marriage.It contributes to combating marital sexual violence and protecting bodily autonomy
5. My perspective, by way of conclusion
French law now clearly states that marriage cannot entail an automatic sexual obligation. This is a major legal clarification that places individual consent at the heart of the marital union.But this evolution raises questions. Should we unreservedly welcome the total disappearance of marital duty? Personally, this rupture shocks me.
Custom and religion have long made marriage a presumed framework for sexual consent. Marriage was commonly referred to as the “marital bed”. Personally, this rupture shocks me.
In many cultures, as in certain religious traditions, marriage has long been understood as a reciprocal commitment that includes intimacy — not by coercion, but by shared responsibility. Custom often made marriage a presumed framework for sexual consent, a notion that may be debatable but one that structured conjugal life.
The Bible itself, for those who follow it, expresses this reciprocity in explicit terms. In the First Letter to the Corinthians, it is written:
« Let the husband give to his wife her due, and let the wife also do likewise to her husband.The wife does not have authority over her own body, but her husband does; likewise, the husband does not have authority over his own body, but his wife does. Do not deprive each other except» (1 Cor 7, 3-5)
The question therefore remains unresolved: how can the necessary protection of consent be reconciled with the very idea of marital commitment? By abolishing any reference to marital duty, the law rightly protects against abuse. But it also opens a profound debate about what marriage still means today: a simple legal framework for cohabitation, or an alliance involving reciprocal duties, including in intimacy?
This is undoubtedly where the true challenge of this reform lies — not only legal, but also moral, cultural, and spiritual.
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