Marriage, a cornerstone of French law, entails reciprocal obligations between spouses.
Their scope, content, implementation, and evolution over time raise numerous practical and theoretical questions.
This article provides an overview of the obligations arising from marriage, how courts interpret them, and their fate in times of crisis or divorce.
1. The Principal Obligations of Marriage: A Legal and Case Law Construction
1.1. Statutory Duties
Article 212 of the French Civil Code lists the fundamental obligations binding spouses: respect, fidelity, support, and assistance.
These are supplemented by the duty of cohabitation, enshrined in Article 215 of the Civil Code.
Key points:
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- These duties are mandatory public policy provisions: spouses cannot contractually waive them, although case law sometimes allows limited arrangements.
- They apply to all spouses, regardless of nationality or residence, if the marriage was celebrated in France or if the couple resides in France.
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1.2. Implied Duties and Case Law Developments
Beyond statutory provisions, case law has developed a set of “unnamed duties” that contribute to what is referred to as proper marital conduct.
These obligations are often clarified during divorce litigation.
2. Interpretation and Scope of Marital Obligations
2.1. Decline of Coercive Enforcement
Historically, breaches of marital obligations could be subject to coercive measures (e.g., judicial orders to resume cohabitation), particularly for fidelity or cohabitation.
Today, there is a trend toward “privatization” of these duties, as courts and society are reluctant to interfere with individual autonomy within the couple.
2.2. Fidelity: A Symbolic Duty?
While the duty of fidelity remains expressly codified, its enforceability has been weakened in practice.
Temporary suspension of fidelity obligations may even be agreed upon by mutual consent, particularly during divorce proceedings.
3. Application of Marital Obligations During Marriage
3.1. Cohabitation
Cohabitation entails both material (shared residence) and emotional life together.
However, the law allows spouses to maintain separate residences without breaching this duty, provided the separation is consensual and not the result of marital conflict.
This duty also includes special protection of the family home.
3.2. Duty of Support and Contribution to Marital Expenses
These obligations have a financial dimension.
During married life, each spouse must contribute to household expenses in proportion to their respective means.
When cohabitation ceases—whether due to de facto separation, legal separation, or pending divorce—the duty of support is typically fulfilled through spousal support.
4. Marital Obligations in Times of Crisis and Divorce
4.1. During Divorce Proceedings
During divorce proceedings, contribution to marital expenses may be suspended or replaced with temporary measures ordered by the family judge.
Once the divorce decree becomes final, obligations arising from marriage (fidelity, cohabitation, contribution to expenses) cease.
The duty of support may be replaced by a spousal compensatory allowance (prestation compensatoire) if one spouse suffers a significant economic disparity due to the divorce.
4.2. Divorce on Grounds of Fault
A serious or repeated breach of marital duties can justify a divorce for fault (Article 242 of the Civil Code).
The judge has broad discretion in assessing fault and considers the specific circumstances—such as the length of the proceedings or a pre-existing separation—before deciding whether to impose sanctions, particularly for breaches of fidelity.
5. Key Takeaways: Between Symbolism, Reality, and Evolution
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- Marital obligations are both personal (respect, fidelity, assistance, cohabitation) and financial (support, contribution to expenses).
- Their enforcement has become less coercive, reflecting evolving social norms: courts increasingly respect spouses’ privacy and intervene mainly in situations of major crisis or breakdown.
- Modern case law adapts the application of these duties to protect fairness between spouses while respecting individual autonomy, especially during divorce proceedings.
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For further information or legal assistance regarding marital obligations or divorce, do not hesitate to schedule a consultation.
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