Lack of sexual relations will not be grounds for divorce in France

According to the BBC, the French National Assembly has approved a bill that explicitly states that living together in marriage does not create an obligation to have sexual relations. The new provision in the Civil Code stipulates that marriage does not automatically imply consent to sex, thereby responding to persistent notions of so-called "marital rights."

The law will also prevent the absence of sex from being considered grounds for divorce. According to the bill's sponsor, MP Marie-Charlotte Garin, this is a step against the "system of dominance" and a clear statement that consent is not lifelong.

The impetus for the bill was a 2019 case in which a woman faced divorce for refusing to have sex. The court found her guilty of breaking up the marriage. However, she appealed to the European Court of Human Rights, which condemned France for this verdict.

Although the law is unlikely to have a significant impact on decision-making practice, it is intended to remove legal ambiguity and strengthen protection against marital rape.

The legal definition of rape in France was expanded in November 2023 to include the concept of non-consent—sex without explicit, informed, and revocable consent is rape.

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