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French divorcee who stopped having sex with husband wins appeal at European court (www.reuters.com)

submitted 1 day ago by [email protected] to c/world

33 comments fedilink hide all child comments

A woman, who was blamed by French courts for her divorce because she no longer had sex with her husband, has won an appeal in Europe's top human rights court, the court said on Thursday, reigniting a debate in France over women's rights.
...
[Lawyer, Lilia Mhissen] "This decision marks the abolition of the marital duty and the archaic, canonical vision of the family," she said in a statement. "Courts will finally stop interpreting French law through the lens of canon law and imposing on women the obligation to have sexual relations within marriage."

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[–] [email protected] 3 points 11 hours ago

I'm pretty sure most countries exclude what was owned by the respective parties before the marriage from the shared ownership and things like inheritances can be exempt even during the marriage.

Also people can agree on different models of ownership.

I agree though, that the idea behind the default 50/50, which is to protect mostly women, who make less money as they focus on the household and kids instead of making a career does not work as as a singular concept. Either you have a traditional role separation in the marriage and the legal protections for that apply, or you have a different model that requires different rules.