In Switzerland, the concept of fault in divorce cases has not existed for many years. A decision by the European Court of Human Rights has condemned France.
In Switzerland, the concept of divorce based on fault was abolished a long time ago. Not so in France, which was recently condemned by the ECHR (European Court of Human Rights).
In the case in question, a woman had refused to have sexual relations with her husband for many years.
When this woman filed a petition for divorce to the exclusive detriment of her husband, her husband asked the Court to declare that it was to the exclusive detriment of his wife that the divorce should be granted, since she had been refusing her ‘conjugal duty’ for many years.
The various French courts that have considered the question have granted and confirmed a divorce to the exclusive detriment of this wife, who had refused to have sexual relations with her husband for some time.
The European Court of Human Rights, seized of this case by the wife, considered that to accuse this woman of refusing her conjugal duty was an interference with the right to respect for private life, guaranteed by article 8 of the European Convention on Human Rights.
France will therefore probably have to change its practice with regard to divorce for fault and marital duty.
Although this ruling concerns a neighbouring country, it provides an opportunity to discuss the complexity of separation or divorce proceedings and the concept of marital duty, which is opposed to the prohibition of ‘marital rape’.
In the event of separation or divorce, as in the case of sexual violence, the lawyers at the firm de Candolle Avocats are trained to assist you with your legal affairs.