Divorce for breach of “marital duty”: condemned by the ECHR

Divorce for breach of “marital duty”: condemned by the ECHR
Divorce for breach of “marital duty”: France condemned by the ECHR

“I hope that this decision will mark a turning point in the fight for women’s rights in ,” reacted the applicant in a press release sent by her lawyer Lilia Mhissen.

“Sexuality is often more complicated than we say in couples”

In July 2018, the family affairs judge of the high court ruled that the divorce could not be pronounced for fault and that the wife’s health problems were likely to justify the lasting absence of sexuality in the family. within the couple.

But in 2019, the Versailles Court of Appeal pronounced the divorce solely at the fault of the wife, considering her refusal of “intimate relations with her husband” as a “fault”.

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The applicant filed an appeal, which was rejected.

The wife then contacted the ECHR, relying on Article 8 of the European Convention on Human Rights, relating to the right to respect for private and family life.

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