Bill to Abolish the Conjugal Duty in French Marriage Law

This French legislative proposal amends the Civil Code to explicitly state that cohabitation between spouses does not impose an obligation to engage in sexual relations. The reform targets a longstanding legal doctrine — the 'devoir conjugal' — which has historically been interpreted by French courts as an implicit duty of spouses to have sexual relations within marriage. Under current law, persistent refusal of sexual relations by one spouse has in some court decisions been cited as grounds for divorce on fault (divorce pour faute), creating legal pressure tied to bodily autonomy. This bill seeks to eliminate that legal basis by inserting a clarification directly into the Civil Code. The proposal has significant implications for rape within marriage, consent law, and the legal standing of victims of marital sexual coercion. By removing any statutory ambiguity, it reinforces that consent is required at all times, even between married partners. The bill was introduced on 29 January 2026 and represents part of a broader French legislative movement strengthening bodily autonomy rights and gender equality within the family law framework.

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