France Abolishes 'Marital Duty': Can Marriage Survive Without Sex?

A law on the voluntariness of intimate relations in marriage has been approved in France, abolishing the outdated interpretation of 'marital duty'. But will the refusal of one spouse to engage in intimacy destroy the marriage? Discussed with a sexologist.

France is preparing a historic legal reform that could put an end to discussions about marital duty. The bill, which has already received unanimous support from the lower house of parliament, states that consent to intimate relations in marriage must be voluntary and mutual, and the refusal of one spouse is not grounds for court or divorce.

There Was a Case

Previously, some courts in France, based on the obligation to 'lead a joint family life', effectively compelled spouses to engage in intimacy. This created a legal loophole that could justify pressure and violence in marriage.

A turning point was a high-profile case that lasted from 2019 to 2025. A man obtained a divorce in France on the grounds that his wife stopped having sex with him. The woman had to go to the European Court of Human Rights to overturn the divorce ruling. The ECtHR ruled in favor of the wife, stating that a woman refusing sexual relations with her husband should not be considered at fault in the case of divorce.

The law abolishing marital duty could come into effect in France as early as the summer of 2026.

Opinions 'For' and 'Against'

Supporters of the bill advocate for its swift adoption, as it would finally bury the concept of duty in the intimate sphere and legalize bodily integrity in marriage. Critics, including those in Russia, believe that refusing intimacy with a spouse is a direct path to divorce, as there is no marriage without sex.

Sexologist Valentina Snegovaya believes this is a mistaken opinion. A strong marriage without sex exists. For example, among older individuals or if a spouse is forced to be far from home for a long time.

“In our reality, marriage is a social institution; it has a higher value than physiology,” says Valentina Snegovaya. “If one partner does not want or cannot, then often substitute therapy appears: a mistress, paid sex, self-satisfaction.”

In any case, it should be remembered that intimate life is a sphere of feelings, emotions, and physiology. Ideally, it cannot be regulated by legal means, according to Valentina Snegovaya.