It has been reported in the press that a husband in France has allegedly been ordered to pay his wife over £8000 in damages because of a lack of sex during the marriage.
After 21 years of marriage, the wife filed for divorce apparently blaming the break up on her husband's inactivity in the bedroom. A judge granted the divorce and ruled that the husband was solely responsible for the split.
His ex-wife took him back to court demanding compensation for ‘lack of sex’. THe husband was penalised under a section of France’s civil code which states that married couples must agree to ‘a shared communal life’ which includes an active sexual relationship.
In England and Wales, absence of a sexual relationship has been cited as an example of unreasonable behaviour in divorce petitions. However, this is not a consideration for the court when considering s25 Matrimonial Causes Act 1973 and financial settlements in divorce.For more advice on divorce read our family law blog, follow us on Twitter or call Pannone on 0800 840 4929.