Only 12 months ago, AI tools were used in very limited quarters for specific tasks. In the last year, the explosion of AI into our lives has become undeniable, and it is permeating almost every aspect of the way we work, interact and exist. A year ago, it would have been almost unheard of for someone going through divorce or separation to turn to AI for support. But it is now almost daily that family lawyers are receiving not just emails drafted by AI, but legal documents, supporting statements and even contradictory legal information from clients.
Family lawyers are becoming increasingly concerned about the growing trend of individuals using AI as a supplement (or even a replacement) for legal advice. Numerous people are using AI to not only conduct their initial research, but from the information given, draft statements that will be presented to the court.
In a recent public survey that we ran at Stowe Family Law, 47% of respondents said they felt comfortable posing family law questions to AI, and 25% were happy to use AI to draft or review documents for their case. This is evidenced on a weekly basis in practice.
Much of this stems from the belief that it is a cost-saving exercise. Many people believe that by utilising AI tools, such as ChatGPT, they will be saving money on legal advice and can use these platforms to produce the documents that a lawyer would normally support with, or entirely draft, for their client.
It is entirely understandable that people are turning to AI for support for far more than we would have thought possible. It is often free, available 24/7 and easy to understand.
But there are significant issues that arise from trying to use AI to support in divorce proceedings, or other family law matters. One of the most notable is its tendency to “hallucinate”. This means that entirely made-up legal information, cases and statutes are presented as facts. In some cases, people then reference these in witness statements which are presented to the courts, damaging credibility and impacting the smooth progress of a case.
There is also the significant issue that the law surrounding family law matters is different between jurisdictions. Whilst in some cases, countries may share similar approaches (though there are stark contrasts between others), their case law and statutes are inevitably different, which is not always recognised by AI platforms. This has led to clients confidently relying on a case which they think supports their legal argument, which has no relevance to their own case or jurisdiction.
Divorce involves several application forms, and an important process of financial disclosure. Couples going through divorce will need to understand their financial landscape thoroughly before beginning negotiations to divide the money and assets. Often, this process involves completing an in-depth form called the Form E. AI is being used to speed up the process of filling in various forms, which risks errors or omissions that could be used against clients in the financial negotiation process.
Of course, there is also the issue of confidentiality. Divorce involves very personal information; uploading data to a free AI tool could mean that this is freely available on the internet. This is of particular concern to cases which involve children where there are strict rules around information sharing.
AI can be useful in some areas, for example:
- Creating schedules
- Gathering documents
- Exploring external help e.g., local therapists or emotional support networks.
But it is hugely important that those going through such practically and emotionally stressful life events like divorce and separation understand the limitations of AI and the importance of professional legal and financial advice. The courts in family law matters have a large amount of discretion. There is not a “one size fits all” approach and it is important that clients are receiving advice specifically tailored to their circumstances, from a qualified professional who is aware of the detailed legal criteria. AI cannot understand your unique case and position “advice” accordingly.
Whilst it may seem like an easy way to get free support, the multiple risks associated with AI tools ultimately mean that separating couples can easily end up spending more on their proceedings. Lawyers will need to review everything before it is submitted. Editing or entirely redrafting information can be inefficient and costly.
It is completely normal for people to feel overwhelmed by proceedings, and to seek help from anywhere they can find it. It is therefore important that emotional support can be found, whether through friends and family, divorce coaches or therapists.
The importance of legal advice cannot be understated. It may feel like an easy way out to use AI, but it can increase costs and negatively impact or delay proceedings. Lawyers fully understand the way processes work, and the nuances of your specific circumstances.
Martha Holland is an associate at Stowe Family Law.