In the hushed rooms where law and daily life meet, certain words carry the weight of centuries — they linger, unspoken yet prescriptive, shaping what we think exists even when the statute books never wrote them. Such was the notion of the “devoir conjugal” in France: a phrase whispered in courtrooms and living rooms alike, suggesting an unwritten expectation between spouses. On a cool January evening in Paris, the National Assembly moved to dissolve this shadow of obligation, choosing clarity over ambiguity and reaffirming a simple truth: consent knows no marital boundary.
The chamber where deputies gather, once alive with debate, today echoed with a rare unanimity. With over 120 MPs from across the political spectrum standing together, lawmakers voted to clarify that marriage in France carries no legal requirement for spouses to engage in sexual relations. This reform, woven into the Civil Code through careful amendment, marks a quiet but profound shift in how the law recognizes personal autonomy within union. It is a step that aligns the letter of French law with lived reality — that consent is not suspended by vows or ceremonies but remains a fundamental human condition.
Though the phrase “devoir conjugal” never featured explicitly in France’s Civil Code — which already lists only four marital duties: fidelity, support, assistance, and community of life — its persistence in legal interpretation once lent it a ghostly force. Judges sometimes treated shared cohabitation as if it inherently included shared intimacy, satisfying an outdated expectation that marriage guaranteed sexual obligation. A landmark ruling by the European Court of Human Rights in January 2025 challenged that antiquated view, reinforcing that bodily autonomy and consent cannot be eclipsed by tradition or judicial assumption.
The amendment now definitively states that cohabitation does not create any obligation of sexual relations between spouses. It aims not only to correct legal misunderstanding but to strengthen protections against marital rape and remove grounds previously invoked in fault-based divorces. If passed by the Senate in the coming months — as its proponents hope — the law could be promulgated before the summer of 2026, offering clarity that has long been overdue.
For many, this moment resonates beyond legal texts. It reflects evolving attitudes toward personal freedom, mutual respect, and the essence of relationships in modern society. By disentangling consent from tradition, the Assembly’s act serves as a reminder that the law not only records societal norms but can help shape them — gently, reflectively, and with an eye toward equality.
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Sources Euronews RTS Info France24 RFI UNN / international news