this post was submitted on 31 Jan 2026
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France is to enshrine in law the end of so-called "conjugal rights" – the notion that marriage means a duty to have sex.

A bill approved on Wednesday in the National Assembly adds a clause to the country's civil code to make clear that "community of living" does not create an "obligation for sexual relations".

The proposed law also makes it impossible to use lack of sexual relations as an argument in fault-based divorce.

Though unlikely to have a major impact in the courts, supporters hope the law will help deter marital rape.

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[–] yermaw@sh.itjust.works 15 points 16 hours ago (3 children)

impossible to use lack of sexual relations as an argument in fault-based divorce

Is it an acceptable argument in other kinds of divorce? Ive never had to look into it so I don't know nearly any of the rules, also not French, but that seems like a pretty good excuse to me?

[–] WoodScientist@lemmy.world 7 points 9 hours ago

The other kind of divorce is no-fault divorce. You don't have to give a reason there, you silly goose!

[–] jaybone@lemmy.zip 15 points 16 hours ago (4 children)

Yeah I don’t get this part. Preventing marital rape is a good thing.

But then why force people to stay married if they are unhappy with the sexual situation? Seems like this would have the opposite of the desired effect.

[–] SkunkWorkz@lemmy.world 1 points 6 minutes ago* (last edited 5 minutes ago)

It’s that the lack of sex can’t be used as a reason for a fault-based divorce. A fault based divorce can have legal consequences for things like alimony and child custody.

People can still separate via a no-fault divorce.

[–] wewbull@feddit.uk 1 points 2 hours ago

They're saying it can't be used as a reason for assigning blame in a divorce. Infidelity is a classic example of when someone can be "at fault" and so assigned blame for the marriage ending.

"No-fault" divorce exists for situations where the relationship is no longer tenable but not because anyone did anything damaging.

[–] chiliedogg@lemmy.world 31 points 15 hours ago (1 children)

In a "fault" divorce, it could allow people to use the obligation of a spouse to perform sexual acts as a way to assign blame in the divorce. Basically allowing one partner to claim harm and therefore pursue financial damages or even leverage in custody disputes because they were owed sex. It trapped people in situations where they were forced to have sex or face potential civil penalties if their partner refused a no-fault divorce.

[–] calcopiritus@lemmy.world 12 points 16 hours ago

I'm unfamiliar with french law. But I doubt you need a reason to divorce. If 2 ppl no longer have sex and they want to divorce over it, they probably can.

This is more probably about "we are divorcing because you refused to fuck me, so now you owe me something"

[–] explodicle@sh.itjust.works 10 points 16 hours ago

You don't need any argument in no-fault divorce. IMHO that's how it should work everywhere; it's not like you need to prove your case in court to get married in the first place.