French National Assembly Moves to Abolish 'Devoir Conjugal' and Clarify Marital Consent

The French National Assembly is set to examine a significant legislative proposal aimed at abolishing the outdated concept of 'devoir conjugal,' which has traditionally implied that spouses are obligated to engage in regular sexual relations. This move seeks to clarify that consent must be the cornerstone of all sexual acts, including those within marriage.

Introduced in December 2025 by ecologist deputy Marie-Charlotte Garin and Paul Christophe, leader of the Horizons group, the proposal challenges the longstanding ambiguity surrounding marital sexual obligations in French law. Currently, Article 215 of the civil code states that spouses owe each other a "community of life," but it does not explicitly define sexual obligations, leading to confusing interpretations.

The proposed amendment would specify that "community of life" does not equate to an obligation for sexual relations, thereby emphasizing that consent is essential and cannot be assumed based on marital status. Deputy Garin underscored the importance of this clarification, noting that many mistakenly believe that sharing a life together implies an automatic sexual obligation, which she believes undermines individual autonomy within marriage.

The initiative has garnered broad political support, with 136 elected officials from across the political spectrum—including parties from the right to the Communist Party—backing the proposal. This rare cross-party consensus highlights the growing recognition of sexual consent as a fundamental right within the institution of marriage.

This legislative effort marks an important step in updating French family law to better protect personal freedoms and affirm consent as mandatory regardless of marital status. The Assembly's upcoming debate on the proposal reflects wider societal shifts towards emphasizing individual agency and combating outdated legal norms that conflated marriage with automatic sexual expectations.