The dangers of using AI during divorce: Expert legal advice still matters

Artificial Intelligence is transforming the way people access information.  Worryingly many individuals are now turning to AI tools for help with legal matters but one must be aware of the significant dangers of using AI during divorce.  

From drafting letters to answering questions about divorce, AI can appear to offer a quick and cost-effective alternative to professional advice.  However, while AI may be useful for general information, the dangers of using AI during divorce are becoming increasingly apparent.  Many family law professionals are now warning that relying on AI to navigate divorce proceedings can lead to costly mistakes, delays, privacy concerns and – most pertinently – outcomes that may not adequately protect your interests.

When your finances, property, pension and arrangements for your children are at stake, you must be aware of all the dangers of using AI during divorce.  In this blog we will summarise these.

What are the dangers of using AI during divorce?

One of the biggest risks is the obvious one … AI is not a lawyer!

It cannot, therefore, provide regulated legal advice, exercise professional judgement or tailor recommendations to the specific circumstances of your case.

Divorce cases are rarely straightforward.  Even where couples agree on the decision to separate, disputes can arise regarding finances, property division, child arrangements, business assets, pensions and future financial security.  The law surrounding these issues is complex and totally dependent on both parties’ individual circumstances.

AI systems generate responses based on patterns in data rather than a detailed understanding of your personal situation.  This means that important legal considerations can easily be overlooked, creating significant risks for anyone attempting a DIY divorce using AI-generated guidance.

AI can provide incorrect legal information

Among the most serious dangers of using AI during divorce is the possibility of receiving inaccurate or misleading information.

AI platforms are designed to produce convincing responses, but they cannot guarantee any level of legal accuracy.  In some cases, AI has been shown to generate totally incorrect legal principles, outdated information and references to cases that have simply never existed.

For someone going through a divorce, acting on incorrect information can have serious consequences.  Misled, you can easily:

  • Misunderstand your legal rights
  • Agree to an unfair financial settlement
  • Fail to disclose relevant assets
  • Miss important court deadlines
  • Submit documents containing errors
  • Damage your position during negotiations

Unlike a qualified solicitor or barrister, AI has no professional responsibility for the advice it provides and no ability to assess whether its response is appropriate for your circumstances.

The financial risks of using AI during divorce

Many people turn to AI because they hope to reduce legal costs.  However, one of the often-overlooked dangers of using AI during divorce is that mistakes frequently become expensive to correct.

An incorrectly completed court application, poorly drafted agreement or misunderstood or misrepresented financial disclosures can create delays and disputes that will ultimately require even greater professional intervention.

In some cases, individuals spend significant time relying on AI-generated advice only to seek legal representation later when problems arise.  At this stage, solicitors and barristers may need to unravel errors, amend documents and address issues that could have been avoided from the outset.

Therefore, what initially appeared to be a cost-saving exercise can quickly result in additional legal fees, prolonged proceedings and increased stress for all concerned.

Privacy and confidentiality concerns around using AI during divorce

Another major concern with using AI during divorce is confidentiality.

Many people discussing divorce with AI systems unknowingly provide highly sensitive personal information, including financial details, property information and correspondence not to mention highly personal information relating to children.

One of the key dangers of using AI during divorce is that conversations with AI platforms do not benefit from legal professional privilege in the way communications with solicitors do.

A qualified solicitor is bound by strict professional and regulatory obligations regarding confidentiality.  AI platforms operate under different terms and conditions and users may not fully understand how their information is stored, processed and/or used.

For anyone involved in divorce proceedings, protecting sensitive information should be a priority.

AI cannot negotiate or represent your best interests

Divorce involves far more than understanding legal rules.  Successful outcomes often depend on skilled negotiation, strategic thinking and an ability to anticipate future issues.  AI cannot negotiate with your former spouse’s solicitor, assess the reasonableness of settlement proposals or advocate for your interests if a satisfactory outcome is still some way off.

Similarly, AI cannot recognise when a seemingly fair agreement could create long-term financial disadvantages.

An experienced family lawyer can identify risks that may not be immediately obvious.  This ensures any agreement put forward properly protects your future interests as well as complying with the law.

This human expertise remains one of the most important safeguards against the dangers of using AI during divorce.

Can AI be used safely during divorce?

AI is not inherently problematic in itself.  Used appropriately, it can be a helpful tool for understanding basic legal terminology, organising information or preparing questions to discuss with your lawyer.  However, it should only ever be viewed as a source of general information rather than a substitute for professional legal advice.

The dangers of using AI during divorce arise when individuals rely on it to make important legal decisions without obtaining expert guidance.

If you are involved in a divorce and require expert guidance on any aspect of the proceedings, our experienced family law barristers are here to help.  If you’d like to arrange an initial conversation with them, please contact our clerks today.

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