This is a significant symbolic and legal advancement. In the Civil Code, no article has ever required spouses to have sexual relations. However, an old interpretation of the “community of life” has long fostered the idea of a “community of bed”, leaving the notion of marital duty hanging. A confusing ambiguity with serious consequences.
In 2019, a woman was deemed at fault in a divorce for having ceased all sexual relations with her husband. The case, brought all the way to the European Court of Human Rights, led to France's condemnation in January 2025. For the deputies behind the legislation, it was urgent to put an end to this legal gray area.
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« Marriage cannot be a bubble without consent »
Led by representatives Marie-Charlotte Garin (The Ecologists) and Paul Christophe (Horizons), the proposed law emphasizes a fundamental principle: consent is never assumed, even in the context of marriage. « Marriage cannot be a bubble where consent to sexual relations is taken for granted, definitive, and lifelong », insisted Marie-Charlotte Garin from the podium.
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The text now clearly states that the community of life does not imply any sexual obligation and that a refusal of relations can no longer be invoked as fault in a divorce. A strong signal sent to both the justice system and mentalities.
Preventing sexual violence right from the wedding celebration
Supported by over 120 MPs from all parties (excluding the National Rally), the text also aims at prevention. According to studies cited in the Assembly, one in four men still believes that a woman can have sexual relations "out of duty". A belief that the authors of the text seek to deconstruct.
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The idea: to use the celebration of marriage to clearly highlight rights and the principle of consent, as well as to strengthen emotional education from a very young age. Next step: the text will be reviewed in the Senate, with hopes for it to be enacted before the summer of 2026.