Artificial Intelligence in Divorce Proceedings: Implications for Family Law

In October 2025, the Court and Tribunals Judiciary issued formal guidance on the use of AI in legal proceedings. The approach taken is measured and pragmatic, recognising that AI is likely to remain a feature of legal practice while reinforcing the importance of human responsibility.

The guidance makes clear that AI may be used for administrative and preparatory tasks, such as document summarisation and research support. However, it strongly cautions against relying on AI-generated legal analysis without independent verification.

Importantly, the judiciary has drawn a clear distinction between supportive and determinative functions. Tasks involving discretion, evaluation and the balancing of competing interests, which are central to both judicial decision-making and family law practice, must remain firmly within the remit of legal professionals and judges.

The guidance also reflects growing concern about the use of AI by litigants in person. While acknowledging that AI may improve access to legal information, the courts have highlighted the risks of inaccurate advice, procedural misunderstandings and the submission of material that has not been properly scrutinised.

The advantages of AI in family law are clear. By reducing the time spent on routine and administrative tasks, AI allows solicitors to focus more on delivering strategic advice, negotiating settlements and supporting clients through what is often a highly emotional process.

AI can also contribute to improved access to justice. By making legal information more accessible and helping to streamline processes, it has the potential to reduce costs and enable more people to engage meaningfully with the legal system.

In addition, AI tools can assist in translating complex legal concepts into more understandable language, helping clients to better grasp the issues affecting their case.

Despite its benefits, the use of AI in family law is not without risk.

One of the most significant concerns is accuracy. AI systems can generate responses that appear authoritative but are in fact incomplete or incorrect. In family law, where outcomes are highly fact-sensitive, even minor inaccuracies can have serious consequences.

Data protection is another critical issue. Divorce proceedings often involve highly sensitive personal and financial information, and the use of AI tools, particularly those operated by third parties, raises important questions around confidentiality and compliance with data protection obligations.

There are also broader concerns around bias and oversimplification. AI systems are trained on large datasets and may reflect inherent biases or struggle to properly account for the complexity of individual cases.

In more serious situations, particularly those involving domestic abuse or coercive control, AI may even be misused as a tool of manipulation or surveillance. Legal professionals must remain alert to the potential for technology to be used in harmful ways within family proceedings.

Artificial Intelligence is becoming an increasingly influential tool in divorce proceedings, reshaping both legal practice and client engagement.

However, its use must be approached with care. While AI offers clear benefits in efficiency and accessibility, it must be used responsibly, with appropriate oversight and a clear understanding of its limitations.

In family law, AI should be viewed as a powerful support tool, not a substitute for professional expertise or judicial decision-making. The challenge for the legal profession is to harness its advantages while ensuring that the integrity of the family justice system is preserved.