Is it safe to take divorce advice from AI? The risks of using ChatGPT for family law advice

Artificial intelligence has transformed the way we search for information. Whether it's planning a holiday, writing an email, or explaining a complicated topic, AI tools can provide quick, accessible answers in seconds. It’s unsurprising, therefore, that more people are in turn asking AI a very important question…

is it safe to take divorce advice from AI?

The answer is somewhat nuanced.

AI can be an excellent starting point for understanding the divorce process, learning legal terminology and preparing questions you consider relevant to your case for your solicitor. However, relying solely on AI to make decisions and advise you about your divorce, finances or child arrangements is highly likely to prove to be an expensive mistake. We would like to explain why this is in this blog.

AI can explain the law, but it cannot advise you

One of AI's biggest strengths is explaining complex topics in plain, straightforward English. It will outline how the divorce process works, explain what financial remedies are or describe what mediation involves in theory. What it cannot do is give legal advice.

Every divorce is different. Even where two couples appear to have similar circumstances, factors such as the length of the marriage, children's needs, pensions, businesses, inheritances and future earning capacity can lead to very different legal outcomes. Each case ‘turns on its facts’ and AI cannot possibly assess every nuance of your situation properly, appropriately consider the outcomes or apply the law in the same way an experienced family lawyer can.

Family law is as much about strategy as it is about rules

Many people assume divorce is simply a legal process with straightforward answers.  In reality, successful family law advice is often about strategy and such strategy is based on knowing how to answer questions like:

• Should you negotiate before issuing court proceedings?
• Is mediation likely to resolve matters?
• Is now the right time to make an offer?
• Should pensions be shared or offset?
• Is there an argument that certain assets should be treated differently?

Answering these questions and, by extension, making the right strategic decisions depends on experience, judgement (which comes from experience) and a detailed understanding of both the law and the individual family circumstances and assets involved.

While AI can provide general information, it cannot develop a legal strategy tailored to your objectives or, just as importantly, adapt that strategy as negotiations evolve.

AI doesn't understand the human side of divorce

Divorce is rarely just about legal documents.  It involves emotions, relationships, family dynamics and, in many cases, children.

Experienced family lawyers spend much of their time helping clients navigate difficult conversations, manage expectations and find practical solutions that work for the whole family. 

AI on the other hand is a machine.  It cannot recognise when a client is making decisions out of anger, fear or guilt.  It cannot read the emotions that will be rife in the room.  It doesn’t understand how family relationships may affect negotiations and these human skills remain one of the greatest strengths experienced family solicitors, mediators and barristers offer.

AI can get the law wrong

A significant risk associated with AI is that it is not always accurate. It is only as accurate as the information it relies upon from the sources it identifies to answer your particular question or prompt.

AI systems generate responses based on patterns in data, but they don’t independently verify every legal proposition they provide.  Sometimes they misunderstand the question, rely on outdated information or even produce incorrect legal answers with complete confidence. Therefore, to rely solely upon AI could leave you open to running unsustainable arguments which could be detrimental to your case and your decision making.

Family law also differs significantly between jurisdictions. Advice that may be correct in another country - or even Scotland or Ireland - could be entirely inappropriate in England and Wales. If you rely on inaccurate information when negotiating a financial settlement or making decisions about children, the consequences could be massively damaging.

Divorce is too important for guesswork

The decisions made during a divorce often affect people for years to come.

A financial settlement determines:

• Who keeps the family home
• Arrangements for children
• How pensions (often the second most financially valuable asset in a divorce) are divided
• Whether spousal maintenance is paid
• The future financial security of both parties

Unlike many everyday decisions, these outcomes are not easily reversed if something goes wrong.  So yes, you might save some money in the short term by turning to AI but this could very well cost you a lot more money in the long term if mistakes have to be corrected later through further negotiations or court proceedings.

What about maintaining your privacy?

Many people forget that when they type highly personal information into an AI platform, they may be sharing sensitive financial and family details.  Depending on the platform used, prompts may be stored, reviewed or used to keep training the respective AI.

By contrast, conversations with your solicitor are protected by legal professional privilege and strict duties of confidentiality and when discussing your finances, children or relationship, confidentiality if critical.

So, is it safe to take divorce advice from AI?

Yes (maybe as a start point) and no (as your legal representative). 

AI can be incredibly useful if it is used appropriately; it can help you:

• Understand the basic divorce process
• Learn unfamiliar legal terminology
• Prepare questions before meeting your solicitor
• Organise documents and timelines
• Summarise correspondence
• Draft non-legal emails or lists of issues

However, this is where it ends. AI should not replace advice from an experienced family lawyer when making important legal or financial decisions.

So when it comes to the choice to take divorce advice from AI, the smartest approach is not choosing between AI and a lawyer, it is using AI to understand the process you’re about to embark on, while ensuring that the decisions that will shape yours and your family’s future are guided by experienced family law professionals.

If you would like to discuss a potential separation with Wake Smith’s experienced family lawyers, please contact us today and we will arrange a convenient time for a free initial consultation.