posted 4 months ago
Family law France is undergoing its most significant legislative transformation in decades, driven by three concurrent reform streams debated in the Assemblée nationale during early 2026. On 21 January 2026, the lower house adopted a proposal to abolish the centuries-old devoir conjugal, the implied marital duty of sexual relations, removing it as a basis for fault in divorce proceedings. In parallel, the Ministry of Justice has advanced proposals to digitalise divorce procedures through expanded e‑filing and streamlined workflows, while legislators continue to debate reforms to child support (pension alimentaire) and compensatory allowance (prestation compensatoire) calculation and revaluation. Together, these changes reshape litigation strategy, settlement drafting and cross‑border enforcement for practitioners, foreign nationals and families across France and beyond.
Three key developments practitioners and families need to track:
Practical takeaways:
These reforms affect French nationals, foreign residents, and cross‑border families whose divorce, custody or support obligations intersect with French jurisdiction. Industry observers expect the combined effect to accelerate case timelines, shift the evidentiary landscape in contested divorces and create new enforcement complexities for international practitioners.
The devoir conjugal, loosely translated as the “conjugal duty” or “marital duty”, has occupied an ambiguous position in French family law for centuries. Rooted in the obligations flowing from marriage under the Civil Code, the concept historically obliged spouses to maintain intimate relations as part of the marital bond. While never codified in a single, explicit statutory provision with that exact label, French courts long interpreted the general duties of marriage (community of life, fidelity, mutual assistance) as encompassing a sexual dimension.
Historically, French case law treated persistent refusal of intimate relations as a potential fault (faute) justifying divorce under what are now Articles 242–246 of the Civil Code. Courts occasionally cited the refusal of the devoir conjugal as evidence of a serious or repeated violation of marital duties, sufficient to obtain a fault‑based divorce (divorce pour faute).
In practice, three patterns recurred in litigation:
This tension between tradition and contemporary rights norms set the stage for the 2026 proposal. The abolition represents not merely a technical amendment but a fundamental reorientation of how French law conceptualises marital obligations, bringing family law France into closer alignment with modern consent frameworks.
The Assemblée nationale adopted a proposal on 21 January 2026 to formally abolish the devoir conjugal as a civil obligation arising from marriage. The proposal clarifies that no spouse may be deemed at fault in divorce proceedings solely on the basis of refusing intimate relations. The text now proceeds to Sénat consideration, with promulgation expected later in 2026 subject to parliamentary scheduling.
Practical takeaways for practitioners:
The likely practical effect of the devoir conjugal abolition on litigation strategy is significant. Lawyers who previously cited refusal of intimate relations as primary or supporting evidence of fault will need to restructure their case theory. The reform does not eliminate fault‑based divorce itself, it removes one specific ground from the evidentiary toolkit.
Key adjustments include:
Under current French law, fault can influence the allocation of prestation compensatoire in certain circumstances, and a spouse found exclusively at fault may see their claim reduced or denied. With the devoir conjugal removed as a fault ground, industry observers expect a narrowing of the circumstances in which fault arguments can materially affect financial outcomes. Practitioners should assess whether any pending maintenance claims rely, directly or indirectly, on devoir conjugal arguments and prepare alternative positions grounded in remaining fault categories or shift toward no‑fault procedural pathways where appropriate.
Alongside the abolition debate, 2026 has seen sustained momentum toward digitalising French divorce procedures. The Ministry of Justice has advanced proposals aimed at expanding electronic filing, reducing mandatory in‑person appearances and enabling secure digital execution of settlement agreements, part of a broader dématérialisation (dematerialisation) agenda across the French justice system.
Practical takeaways:
Since the 2017 reform, divorce by mutual consent in France already proceeds without a judge in most cases, spouses sign a private agreement (convention de divorce) that is countersigned by each party’s lawyer and then deposited with a notary. The 2026 e‑divorce proposals build on this framework by enabling:
For contested divorces (divorce pour faute, divorce pour altération définitive du lien conjugal, or divorce pour acceptation du principe de la rupture), the reforms are more incremental. Judges remain central to the process, but e‑filing of pleadings and the use of videoconference hearings for procedural stages are being expanded.
Practitioner checklist for e‑divorce readiness:
The 2026 reform agenda extends to financial support obligations, both pension alimentaire (child support) and prestation compensatoire (compensatory allowance paid to the economically disadvantaged spouse). Parliamentary debate has focused on modernising calculation frameworks, strengthening indexation mechanisms and improving enforcement. These pension alimentaire reform proposals represent some of the most immediately consequential changes for families navigating separation in France.
Practical takeaways:
Under existing French law, pension alimentaire for children is calculated based on the income of both parents, the number of children, and the custody arrangement. The Ministry of Justice publishes an indicative reference table that suggests amounts based on income brackets and the number of children, though judges retain discretion. Amounts are typically indexed to the consumer price index (indice des prix à la consommation) published by INSEE.
Prestation compensatoire is governed by Articles 270–281 of the Civil Code. It compensates for the disparity in living standards caused by the divorce. Courts consider factors including the duration of the marriage, each spouse’s age and health, professional qualifications, available assets, retirement rights and career sacrifices made during the marriage. It is usually paid as a lump sum (capital), though periodic payments (rente) remain possible in limited circumstances.
Scenario A, Child support for two children: A parent earning €3,500 net monthly with standard alternating custody (the children reside primarily with the other parent) currently pays approximately €500–€600 per month under the Ministry’s indicative table. The reform proposals under discussion aim to formalise the reference table as a stronger benchmark, reduce judicial variance in straightforward cases and ensure automatic annual indexation without requiring a court application.
Scenario B, Prestation compensatoire with income disparity: A spouse who left employment for 15 years to raise children, married for 20 years to a partner earning €6,000 net monthly, may currently receive a lump‑sum prestation compensatoire in the range of €50,000–€120,000, depending on assets, age and other factors. The 2026 proposals aim to provide clearer weighting guidance to reduce the wide variance in awards, with particular attention to career sacrifice and the duration of marriage as primary factors.
These scenarios are illustrative. Final figures depend on judicial discretion and the specific facts of each case. The reform proposals, if enacted, would narrow the band of outcomes in typical cases while preserving judicial flexibility for complex situations.
France has progressively strengthened enforcement tools for unpaid support. ARIPA, the dedicated state agency for child support recovery, can intercept income, seize bank accounts and recover payments directly from employers. The 2026 proposals extend ARIPA’s mandate and streamline its procedures. For cross‑border enforcement, the EU Maintenance Regulation (Regulation 4/2009) enables direct enforcement of French support orders in other EU member states. Outside the EU, the 2007 Hague Convention on the International Recovery of Child Support provides a framework, though enforcement depends on the receiving state’s cooperation.
Given the evolving legislative landscape, practitioners should consider including the following in all new settlement agreements:
French law provides that parental authority (autorité parentale) is exercised jointly by both parents, whether married, in a civil partnership (PACS) or separated. This principle of shared parental authority is established by Articles 371‑1 to 373‑2‑13 of the Civil Code and applies automatically unless a court orders otherwise in the child’s best interest.
Custody arrangements in France distinguish between autorité parentale (the bundle of rights and obligations regarding a child’s upbringing, health, education and welfare) and résidence (where the child physically lives). Joint parental authority is the default. Physical residence may be fixed with one parent (résidence habituelle) with access rights for the other, or arranged as alternating residence (résidence alternée), often colloquially described as “50/50 custody.”
A common question, particularly from fathers, is whether French law guarantees equal (50/50) custody time. The answer is nuanced: while the law permits alternating residence and courts increasingly consider it, there is no automatic entitlement to equal time. The judge’s overriding concern is the child’s best interest (intérêt supérieur de l’enfant), assessed by reference to the child’s age, school arrangements, each parent’s availability and living conditions, and the child’s own expressed wishes (where age‑appropriate). Practitioners should advise clients that presenting a well‑documented parenting plan, demonstrating practical capacity, proximity to schools and stability, is the most effective way to support a shared custody application.
The abolition of devoir conjugal and the alimony reform proposals are likely to have indirect effects on custody litigation. Industry observers expect the following trends:
For foreign nationals, expatriates and cross‑border families, the 2026 family law France reforms raise specific jurisdictional and enforcement questions. The procedural changes, particularly around e‑divorce and digitalisation, must be assessed against the international instruments governing recognition and enforcement of divorce decrees, custody orders and support obligations.
Key jurisdictional framework:
| Mechanism | When It Applies | Practical Steps |
|---|---|---|
| France domestic enforcement (ARIPA, saisie sur salaire, bank seizure) | Both parties reside in France; debtor’s assets are located in France | Apply to ARIPA for child support recovery; instruct huissier de justice (commissaire de justice) for direct enforcement of court orders |
| EU enforcement (Brussels IIb / Maintenance Regulation) | Debtor or assets located in another EU member state | Obtain certified copy of French judgment with Form annex; file directly with competent authority in the EU member state, no exequatur required |
| Non‑EU enforcement (Hague Conventions / bilateral treaties) | Debtor or assets located in a non‑EU state (e.g., UK, US, Switzerland) | Apply through Central Authority under applicable Hague Convention; or seek exequatur in the foreign court under bilateral treaty or local private international law rules |
Practitioner checklist for cross‑border cases:
| Date | Event | Practical Effect / Next Steps |
|---|---|---|
| 21 Jan 2026 | Assemblée nationale adopted proposal to abolish devoir conjugal | Lawyers must review pending fault‑based petitions and update client advisories; text proceeds to Sénat |
| 26 Feb 2026 | Chambers Practice Guide update on 2026 French family law activity | Useful secondary analysis for comparative practice notes and client briefings |
| Feb–Mar 2026 | Multiple firm analyses published on reforms | Market commentary confirms practitioner focus on abolition, e‑divorce and support reform |
| 2026 (TBD) | Sénat consideration and expected promulgation of abolition; implementing decrees for e‑divorce measures | Confirm final statutory text and effective dates; advise clients on transitional provisions and clause adjustments |
The 2026 reforms to family law France demand prompt, practical responses from practitioners and families alike. Use the following six‑point checklist to stay ahead of the changes:
This article was produced by Global Law Experts. For specialist advice on this topic, contact Sylvie Mombellet at MS Avocat, a member of the Global Law Experts network.
posted 2 months ago
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