Simon Issler
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I am a lawyer at the Paris Bar.
I focus my practice on Family law, very often with international implications. Most of my clients are foreigners or expatriate. I am trained in the rules of conflict of jurisdiction and conflict of law, in particular for all aspects relating to divorce and its effects.
I benefit from a network of professionals (bailiffs, notaries, experts) with extensive experience in international Family law. I am also often called upon to liaise with lawyers in foreign countries to coordinate international cases.
I can advise on both contentious and non-contentious matters. However, I always try to favor amicable solutions.
Relevant experiences and positions
From personal experience, I know the challenges of expatriation. That’s what naturally drew me to cases with foreign elements.
I wrote a comparative law thesis on the right of access to divorce within the European Union.
Before moving to Paris, I worked in Honolulu, Hawaii, in a law firm specializing in immigration and divorce. This experience enabled me to become familiar with American law and, more generally, with Anglo-Saxon law
Since settling and practicing Law in Paris, I’ve worked on complex divorce cases, with assets spread over different countries.
I have often come across cases involving complex issues of qualification of marriage contracts, including from Middle Eastern countries. This is a subject that gives rise to technical case law.
I was also involved in a very delicate Franco-Tunisian case, which gave rise to a landmark ruling by the French Cour de Cassation on the application of the Franco-Tunisian Convention.
I have also pleaded various cases of international child abduction to or from many countries around the world.
I have written legal opinions for foreign Anglo-Saxon courts, notably on the effects of a French marriage contract abroad, or in international litigation situations.
I am also consulted directly by colleagues on questions of private international law.
Generally speaking, I’m open to all other areas of law, as I’m convinced that it’s essential to have cross-disciplinary knowledge to fully grasp a case, such as a divorce.
Finally, I am a member of Avocats sans Frontières (Lawyers with no borders) and a Court appointed lawyer for immigration cases at the Paris Bar.
Some personal questions
What do you like most about working as an international divorce lawyer?
I enjoy the diversity of people I meet, who have very different life and family histories. It is very open-minded. What’s more, it gives me the opportunity to work in several languages and to be in contact with professionals from other countries, which is extremely enriching.
What makes international divorce cases different from other divorce cases?
What’s different is that questions of international jurisdiction and applicable law have to be resolved upstream.
The next step is to negotiate or formulate litigation requests, depending on the case, which are adapted to the international nature of the case, in which the parties, their children and/or their property may be abroad.
Finally, we need to anticipate the effectiveness of the divorce abroad, which is not always easy.
What advice do you have for same sex couples who want to formalize their international relationship or start an international family?
I think it’s still often necessary to make sure there’s no legal risk, because unfortunately there are still countries where a same-sex union is a criminal offence. For international couples, this is sometimes a problem with the country of origin of one of the spouses.
As far as international families are concerned, and in particular the use of surrogate motherhood, which is often practiced abroad, I advise couples to make sure that filiation is recognized in the country of their nationality or where they intend to establish their family. In France, we often have to deal with cases of children born of surrogate gestations abroad, whose filiation is not recognized in France, as surrogate gestations are prohibited in our country.
What would you like to improve in the law when it comes to international divorces?
What I’d like to see – and this applies more generally to all family law cases, not just international ones – is faster justice, because people are often suffering and need a legal framework to move forward serenely. Slow justice is often synonymous with suffering for people and children.
What would you like to say to judges who are dealing with international divorces?
Some judges have an excellent knowledge of the rules of private international law, and this is much appreciated. But in my experience, it would sometimes be beneficial not only to apply the conflict rules strictly, but also to consider the practical impact of the decision taken, particularly when proceedings are also brought abroad. It’s important to coordinate to avoid contradictory decisions, which can sometimes lead to terrible deadlock situations.