The work in hand deals critically with the "refusal of intercourse" and the "refusal of reproduction" as divorce-relevant marital misconducts in the Austrian legal system. These marital misconducts are highly controversial because of their infringements of the spouses' privacy. Firstly, the historical development will be demonstrated. For this purpose the development of the divorce law will be outlined. Subsequently, the relevant judicature will be depicted, systemized and analyzed. Following this, the diverging legal opinions will be debated. While doing so, the main focus lies on the sexual self-determination. By assessing the refusal of intercourse as a marital misconduct, the right on sexual self-determination of the spouses is violated. Another emphasis of the present work lies on the essence of marriage according to § 44 ABGB. Proponents of the obligation of the reproduction refer to the essence of marriage consistently. After an exposition of § 44 ABGB reasons, which show why leg cit is not contemporary any more, will be consulted. Further, own solutions will be extended through the whole work. Finally, a conclusion will summarize the most important findings.