Foreign Divorce Recognition and Residence: A Critical Analysis of H v H

In this article, it is argued that the dissenting judgment of O’Donnell J. is preferable to the approach adopted by the majority. However, insofar as the minority approach is anchored in English common law developments, it is submitted that O’Donnell J. ought to have given more emphasis to the House of Lords judgment in Indyka v Indyka and less to the earlier English Court of Appeal judgment in Travers v Holley. In following Travers v Holley, O’Donnell J. overstated the need for symmetry between jurisdiction and recognition criteria and ultimately arrived at a test which is logically indefensible.