Although AI can be a helpful tool for simplifying complex areas of law, such as divorce, using it comes with risks.
A common question on Google is whether ChatGPT can help with divorce.
Our Family Lawyers outline why you should not rely on AI to handle divorce and financial settlement, and the benefits of instructing a specialist family lawyer.
How AI Can Be Useful
AI can help explain complex topics in a way that is easier to understand.
It can explain legal jargon and court procedures simply and clearly.
It can help you to feel more in control of the legal process of divorce, and it can save you time (and costs) with your solicitor by expanding on aspects of your case, such as:
- What a Form E is
- The steps in a financial remedy application
- The difference between a clean break and ongoing maintenance
- The different hearings leading up to a final hearing in a divorce
- Court etiquette
Sometimes, a solicitor will ask you to provide information on their case so that it is more cost-effective, for example, avoiding the need for meetings and note-taking.
AI tools, such as ChatGPT, can present information in a more refined way and help a client with preparatory work.
How AI Can Cause Issues
However, AI resources such as ChatGPT cannot substitute for professional legal advice, which is tailored to you and your circumstances.
You may be persuaded to use the articulate answers that ChatGPT might produce, but generally, your solicitor needs to know the facts of your case and any issues that concern you in your own words.
It is often easy to tell when AI has been used; it may produce legal errors, and there is often a lack of person in the narrative provided.
Therefore, although you may think it saves your solicitor time, working through reams of AI-generated material might ultimately make the process more time-consuming.
Drafting concise, relevant points in your own words provides a more accurate reflection of your situation. It is your solicitor’s responsibility to present this information in the court-approved wording and format.
AI does not know the full facts or nuances of your case and can therefore only provide generic responses based on the information it is given and the data stored within it.
For example, AI often provides answers based on American law. Furthermore, family law evolves quickly through case law, and it’s not known how current the data within ChatGPT is.
There have been high-profile cases in which barristers relied on ChatGPT to prepare for court hearings, only to cite case law that did not, in fact, exist.
Family law proceedings in England and Wales are private proceedings, and the information that is exchanged between solicitor and client is privileged and should not be disclosed.
If a client enters confidential and sensitive information into ChatGPT, they may unknowingly waive privilege.
In any event, it compromises the privacy and confidentiality of your personal information if you are inputting those details into an AI database.
AI and DIY Divorce
A DIY divorce is where you go through the divorce process with little or no help from a solicitor. This can be done online via the gov.uk website.
Provided both parties agree to the divorce, you have all the necessary information, and you pay the fee.
Many people are turning to AI to assist with the DIY divorce process.
Although legally ending a marriage can be straightforward in some cases, there can be problems, especially with dividing finances and assets, deciding on children and child maintenance payments.
If you don’t obtain any legal advice, you and your ex-spouse might agree to split your finances in a way that’s unfair to one partner, or hard for one of you to stick to.
This might not be obvious at the time you separate, and it is important to ensure your divorce agreement is legally binding.
Furthermore, getting a divorce does not end your ability to make a financial claim against your ex-spouse, or vice versa. There’s no time limit for making a monetary claim.
It is essential to have a binding court order setting out what the financial arrangements are.
Even if the court order just confirms that neither of you want to make a claim against the other and provides for a clean break in life and upon death.
Benefits of Instructing a Specialist Family Solicitor
AI cannot replace the benefits of professional legal advice in navigating divorce and financial settlements. Instructing a solicitor is likely to lead to a more favorable outcome for you, especially regarding financial settlement.
A family solicitor is experienced and trained to navigate the complexities of divorce law and court procedures, ensuring your rights are protected.
They can help you avoid costly mistakes that can occur with a DIY divorce, such as receiving a financial settlement which is less than you are entitled to or being at risk of potential future claims.
A family solicitor will ensure you receive accurate and up-to-date advice.
Divorce is a difficult, highly emotional time, and so it is understandable when clients wish to include all areas of dispute between them and their spouse in legal correspondence and court documents.
However, the points may not always be legally relevant, and what you think is fair might not always be what the court would order.
Your solicitor will provide advice relevant to your case and will know which arguments are legally in your best interests.
If there are court proceedings, your solicitor may instruct a barrister to advocate in court on your behalf.
They will ensure the barrister is proportionate to the costs of your case and experienced in the issue(s) of your case.
Representing yourself in court can often be extremely daunting. Instructing a skilled advocate can give peace of mind, as well as interpreting legal terminology and arguments for you.
Similarly, corresponding with an ex-spouse, the courts and third parties can be emotionally draining and overwhelming.
A solicitor will do this on your behalf, keeping you updated throughout your case and ensuring you comply with dates, deadlines and orders of the court.
Contact Our Family Lawyers
Before relying on AI or attempting a DIY approach, speak to one of our expert family solicitors. We can guide you through the legal process, protect your interests, and help you achieve the best possible outcome.
Get in touch with us today to arrange a confidential discussion.