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Yeah I don’t get this part. Preventing marital rape is a good thing.
But then why force people to stay married if they are unhappy with the sexual situation? Seems like this would have the opposite of the desired effect.
They're saying it can't be used as a reason for assigning blame in a divorce. Infidelity is a classic example of when someone can be "at fault" and so assigned blame for the marriage ending.
"No-fault" divorce exists for situations where the relationship is no longer tenable but not because anyone did anything damaging.
In a "fault" divorce, it could allow people to use the obligation of a spouse to perform sexual acts as a way to assign blame in the divorce. Basically allowing one partner to claim harm and therefore pursue financial damages or even leverage in custody disputes because they were owed sex. It trapped people in situations where they were forced to have sex or face potential civil penalties if their partner refused a no-fault divorce.
I'm unfamiliar with french law. But I doubt you need a reason to divorce. If 2 ppl no longer have sex and they want to divorce over it, they probably can.
This is more probably about "we are divorcing because you refused to fuck me, so now you owe me something"