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submitted 2 weeks ago by MicroWave@lemmy.world to c/world@lemmy.world

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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[-] Wizard_Pope@lemmy.world 4 points 2 weeks ago

Yeah it's a whole different argument.

Being married does not entitle you to sex - great.

Wanting to divorce because not enough sex - fine.

It's not so much that you felt the other person was obligated to provide the sex (though probably this is th real arhument) but more that it just turned out you are not that compatible or you just grew apart. Should a person not be allowed to divorce if they fell out of love with their partner, ergo they turned out to have less or no more sex?

[-] wpb@lemmy.world -1 points 2 weeks ago

Should a person not be allowed to divorce if they fell out of love with their partner, ergo they turned out to have less or no more sex?

They absolutely should, and they will still be able to, nothing's changed there.

[-] ByteJunk@lemmy.world 6 points 2 weeks ago

No, no, there's a big change here.

Yes, divorces still go through as before, that doesn't change. What does change is the context of fault in the divorce.

If sex is a marital obligation, the party refusing it can be considered at fault for the marriage failing. This usually carries consequences when it comes to splitting the assets, with the judges usually penalising the party "at fault".

This makes it so that refusing to have sex cannot be grounds for being found at fault, and makes things more balanced.

[-] wpb@lemmy.world 1 points 2 weeks ago* (last edited 2 weeks ago)

Yes this is correct, we're in complete agreement there. The comment I was responding to worded it vaguely though, which made it sound like you cannot get a divorce because you have a sexless marriage. It made it sound like people were being forcibly kept married, which is false. You can get divorced because it's Tuesday, or because the moon is in retroflux. Holding your spouse responsible for those things is a different story, however.

For reference here's the part of the comment I replied to:

Should a person not be allowed to divorce if they fell out of love with their partner, ergo they turned out to have less or no more sex?

Emphasis mine.

[-] Prime@lemmy.sdf.org -1 points 2 weeks ago

Uh... Does this imply that in a sexless marriage one is allowed to have sex with a third party without incurring fault?

[-] ByteJunk@lemmy.world 1 points 2 weeks ago

NO. It is, quite literally, the opposite. How do you misinterpreted it that badly?

A marriage is a legal contract, and it binds the parties to mutual support, fidelity, respect, and cohabitation.

This serves to clarify that sex is NOT included in that list of obligations, but do note that fidelity IS. You don't get to get to justify cheating with "I wasn't getting any...".

That said, the parties are obviously free to come to an agreement on what works best for them - and if that includes extramarital sex, then that's fine as long as both agree.

[-] scarabic@lemmy.world -2 points 2 weeks ago

I think of it like housework. No one should be compelled by the law to do housework. But if one person in the house is doing no housework, the others have a real and justified complaint. It’s not legal grounds for eviction, but it should be a material point against them in any dispute mediation that takes place.

To translate that: if one party in a marriage is withholding sex, they don’t get to claim a full 50% right to all the assets in the marriage. I’m not saying zero, but…

[-] 3rdXthecharm@lemmy.ml 2 points 2 weeks ago

Exactly why this law needs made clear:

No one is entitled to sex

'Withholding sex' isn't a mark against someone in a divorce and in no way should it be a factor in whether someone is entitled to their fair share of the fruits of a shared life should it come to an end.

If sex is housework, sleeping with that person is a chore, and god if that's not the world we live in anymore.

[-] scarabic@lemmy.world 2 points 2 weeks ago

Don’t take an analogy literally. That’s bad faith.

And if you don’t think marriage is a stated intention to have a sexual relationship, then we simply disagree. But your opinion, much as I honor it, is your own innovation.

this post was submitted on 31 Jan 2026
58 points (96.8% liked)

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