Joanna Miles
Biographic Data
| ID | 4016600 |
|---|---|
| NAME | Joanna Miles |
| GIVEN NAMES | Joanna |
| FAMILY NAME | Miles |
| SIGNATURE | MILES J |
| AFFILIATIONS | University of Cambridge |
| ORCID | 0009-0004-7304-6955 |
| VERIFIED | Yes |
| TOTAL WORKS | 15 |
| TOTAL CITATIONS | 12 |
| AUTHOR COUNT | 14 |
| EDITOR COUNT | 1 |
| FIRST PUBLICATION YEAR | 1997 |
| LATEST PUBLICATION YEAR | 2023 |
| H-INDEX | 1 |
Family Law
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. Drawing on extensive experience, the authors offer a detailed and authoritative exposition of family law illustrated by materials carefully selected from a wide range of sources. The book’s principal aims are to provide readers with a thorough understanding of fami…
Fifty Years of the Divorce Reform Act 1969
The enactment of the Divorce Reform Act 1969 was a landmark moment in family law. Coming into force in 1971, it had a significant impact on legal practice and was followed by a dramatic increase in divorce rates, reflecting changes in social attitudes. This new interdisciplinary collection explores the background to the 1969 Act and its influence on law and society. Bringing together scholars from law, sociology, history, demography, literature a…
Rules Versus Discretion in Financial Remedies on Divorce
This article draws on data from a recent empirical study to examine the role of discretion in financial remedy cases on divorce, particularly in the ‘everyday’ needs-based cases that constitute the bulk of the caseload in England and Wales. It explores practitioner and judicial experiences and perceptions of the discretionary Matrimonial Causes Act 1973 regime to inform current debates about potential law reform in this area. In particular it pro…
Mediation, financial remedies, information provision and legal advice
The near-total collapse in numbers of solicitors providing legal advice and assistance to publicly-funded clients attempting to settle private family law issues through mediation since the legal aid reforms implemented in 2013 raises important questions about how, if at all, clients in mediation can receive legal information and advice other than from lawyers in financial cases following divorce. This article explores, in a preliminary way, this …
Parental Responsibility
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter examines the concept of parental responsibility and its legal significance; the various legislative provisions dealing with who automatically holds parental responsibility, as well as how, and by whom, it may be acquired; the exercise of parental respo…
Ending Relationships
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses the law on divorce and separation. It covers divorces in England and Wales; the nature, function, and limits of divorce law; a brief history of divorce law to 1969; the present law of divorce and judicial separation; evaluation of the current…
Family Relationships between Adults
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter first considers demographic data on family relationships in England and Wales, and then examines the treatment of ‘trans’ people in this area of family law; and the history of legal recognition of intimate relationships between parties of the same gend…
Fundamental Principles in the Law Relating to Children
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter, which focuses on alternative approaches to child-related disputes and their influence on English law, first considers the welfare principle and its central role in child law today. It addresses the problems and limitations of the principle, and then l…
Child Protection
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter examines the law on state intervention into family life where a child is considered to be ‘in need’ or at risk of significant harm. It discusses the competing approaches to state intervention and the principles underpinning the Children Act (CA) 1989; …
Marriage Rites and Rights
Recent years have seen extensive discussion about the continuing retreat from marriage, the increasing demand for the right to marry from previously excluded groups, and the need to protect those who do not wish to marry from being forced to do so. At the same time, weddings are big business, couples are spending more than ever before on getting married, and marriage ceremonies are increasingly elaborate. It is therefore timely to reflect on the …
Child Support Judgments
Any child support regime necessarily makes policy choices about how parental income should be shared between the two parental households. Those choices involve balancing the claims of the child, the claims of the custodial parent for help with the expense of providing for the child, and the claims of the support obligor for autonomy in deciding how to spend his own earnings. That balancing task is complicated by the fact that the child and the cu…
Marriage and Divorce in the Supreme Court and the Law Commission
The case note considers the impact of the Supreme Court decision in Radmacher v Granatino regarding pre‐nuptial and other classes of nuptial agreement, together with recent proposals of the Law Commission for reform of the law relating to marital property agreements generally. It explores in particular the question of what, if any, core obligations of marriage cannot – or should not – be excludable by agreement
Religious Identities and Violence
Principle or Pragmatism in Ancillary Relief
The recent decision of the Court of Appeal in the cases of Parlour and McFarlane raises important questions about the English courts` approach to property division and financial provision on relationship breakdown. The decision exemplifies English law`s pragmatic, needs-based approach, where the principles, if any, determining the courts` awards are frequently unarticulated. This paper contrasts English law with the approach of New Zealand, which…
The unsettling of settled law on 'settled accommodation
The Housing Act 1996 Part VII makes significant changes to homelessness law in England and Wales. In Scotland, however, the law remains the same. Prior to the 1996 Act the decision in R. v. London Borough of Brent ex p. Awua, seemed to have achieved more than the Government sought for England and Wales. This article seeks to examine how that occurred through the dismantling of the concept of 'settled accommodation', a concept which did not appear…
Marriage Rites and Rights
Recent years have seen extensive discussion about the continuing retreat from marriage, the increasing demand for the right to marry from previously excluded groups, and the need to protect those who do not wish to marry from being forced to do so. At the same time, weddings are big business, couples are spending more than ever before on getting married, and marriage ceremonies are increasingly elaborate. It is therefore timely to reflect on the …
Religious Identities and Violence
The unsettling of settled law on 'settled accommodation
The Housing Act 1996 Part VII makes significant changes to homelessness law in England and Wales. In Scotland, however, the law remains the same. Prior to the 1996 Act the decision in R. v. London Borough of Brent ex p. Awua, seemed to have achieved more than the Government sought for England and Wales. This article seeks to examine how that occurred through the dismantling of the concept of 'settled accommodation', a concept which did not appear…
Principle or Pragmatism in Ancillary Relief
The recent decision of the Court of Appeal in the cases of Parlour and McFarlane raises important questions about the English courts` approach to property division and financial provision on relationship breakdown. The decision exemplifies English law`s pragmatic, needs-based approach, where the principles, if any, determining the courts` awards are frequently unarticulated. This paper contrasts English law with the approach of New Zealand, which…
Religious Identities and Violence
Marriage and Divorce in the Supreme Court and the Law Commission
The case note considers the impact of the Supreme Court decision in Radmacher v Granatino regarding pre‐nuptial and other classes of nuptial agreement, together with recent proposals of the Law Commission for reform of the law relating to marital property agreements generally. It explores in particular the question of what, if any, core obligations of marriage cannot – or should not – be excludable by agreement
Child Support Judgments
Any child support regime necessarily makes policy choices about how parental income should be shared between the two parental households. Those choices involve balancing the claims of the child, the claims of the custodial parent for help with the expense of providing for the child, and the claims of the support obligor for autonomy in deciding how to spend his own earnings. That balancing task is complicated by the fact that the child and the cu…
Parental Responsibility
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter examines the concept of parental responsibility and its legal significance; the various legislative provisions dealing with who automatically holds parental responsibility, as well as how, and by whom, it may be acquired; the exercise of parental respo…
Ending Relationships
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses the law on divorce and separation. It covers divorces in England and Wales; the nature, function, and limits of divorce law; a brief history of divorce law to 1969; the present law of divorce and judicial separation; evaluation of the current…
Family Relationships between Adults
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter first considers demographic data on family relationships in England and Wales, and then examines the treatment of ‘trans’ people in this area of family law; and the history of legal recognition of intimate relationships between parties of the same gend…
Fundamental Principles in the Law Relating to Children
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter, which focuses on alternative approaches to child-related disputes and their influence on English law, first considers the welfare principle and its central role in child law today. It addresses the problems and limitations of the principle, and then l…
Child Protection
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter examines the law on state intervention into family life where a child is considered to be ‘in need’ or at risk of significant harm. It discusses the competing approaches to state intervention and the principles underpinning the Children Act (CA) 1989; …
Marriage Rites and Rights
Recent years have seen extensive discussion about the continuing retreat from marriage, the increasing demand for the right to marry from previously excluded groups, and the need to protect those who do not wish to marry from being forced to do so. At the same time, weddings are big business, couples are spending more than ever before on getting married, and marriage ceremonies are increasingly elaborate. It is therefore timely to reflect on the …
Mediation, financial remedies, information provision and legal advice
The near-total collapse in numbers of solicitors providing legal advice and assistance to publicly-funded clients attempting to settle private family law issues through mediation since the legal aid reforms implemented in 2013 raises important questions about how, if at all, clients in mediation can receive legal information and advice other than from lawyers in financial cases following divorce. This article explores, in a preliminary way, this …
Rules Versus Discretion in Financial Remedies on Divorce
This article draws on data from a recent empirical study to examine the role of discretion in financial remedy cases on divorce, particularly in the ‘everyday’ needs-based cases that constitute the bulk of the caseload in England and Wales. It explores practitioner and judicial experiences and perceptions of the discretionary Matrimonial Causes Act 1973 regime to inform current debates about potential law reform in this area. In particular it pro…
Fifty Years of the Divorce Reform Act 1969
The enactment of the Divorce Reform Act 1969 was a landmark moment in family law. Coming into force in 1971, it had a significant impact on legal practice and was followed by a dramatic increase in divorce rates, reflecting changes in social attitudes. This new interdisciplinary collection explores the background to the 1969 Act and its influence on law and society. Bringing together scholars from law, sociology, history, demography, literature a…
Family Law
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. Drawing on extensive experience, the authors offer a detailed and authoritative exposition of family law illustrated by materials carefully selected from a wide range of sources. The book’s principal aims are to provide readers with a thorough understanding of fami…
Political science (15 works) · Law (12 works) · Sociology (10 works) · Multicultural Socio-Legal Studies (9 works) · Law (7 works) · Legislation (7 works) · Conflict of Laws and Jurisdiction (6 works) · Psychology (5 works) · Family law (4 works) · Law and economics (4 works)