13 October 2026
The rise of AI chatbots such as ChatGPT, Claude and Microsoft Copilot has rapidly changed the way people access and use information. AI platforms such as these can answer questions in seconds, summarise complex material and even assist with drafting legal documents. Increasingly, family law solicitors are seeing clients and litigants in person (those who do not have legal representation in proceedings) turning to AI platforms for legal advice and assistance.
Whilst at first glance this may seem to be a cost-effective way of legal costs, there are significant risks associated with relying on AI in family law proceedings. There is an important distinction between using AI to obtain general information and relying on it for legal advice about your individual circumstances.
Confidentiality and Data Protection Concerns
Many individuals are using AI to draw up legal documents, including financial consent orders, without seeking advice from a solicitor. However, the nature of these documents often requires individuals to disclose highly sensitive personal information, including details of their finances, property, pensions, children, relationships and allegations concerning another person. A person asking an AI chatbot to review a Form E or prepare a financial consent order may provide a considerable amount of personal and confidential information.
The Solicitors Regulation Authority has specifically warned legal professionals about entering confidential client information into ‘open’ AI tools without appropriate safeguards and has emphasised the confidentiality risks that come with this.
AI Cannot Replace Professional Judgement
AI can only ‘parrot’ legal principles and provide information based on the authorities and sources it can access online. Even whilst doing this, AI can cite the wrong case law or principles. AI cannot exercise professional judgement, accurately apply the law to the circumstances of the case, or creatively find solutions to ensure the needs of the client are met. In financial remedy proceedings, for example, two cases with a similar asset position may require different outcomes due to the parties’ housing needs, ages, health, earning capacity, pensions, length of marriage, contributions or the needs of the children.
A poorly drafted order may fail to deal properly with property, pensions, maintenance, lump sums or liabilities. It may also fail to achieve the clean break the parties intended or create uncertainty about how and when provisions are to be implemented.
In addition, an agreement between spouses does not automatically become binding once the provisions are agreed. The court retains a role in considering whether a proposed financial order is appropriate based on the circumstances of the case and the needs of the parties and either approving or rejecting draft orders which are submitted to the court once agreed.
Obtaining specialist legal advice can therefore help ensure that the settlement and resulting order accurately reflect the parties’ intentions and address all financial issues.
Further Cost and Expenditure
Family law is rarely one-size-fits-all, and financial settlements, child arrangements and the drafting of legal documents all require careful consideration of the particular facts of each case. What appears to be a quick and cost-effective solution may create significant problems if AI-generated documents are inaccurate, incomplete or incorrect, which in turn can cause even greater costs to rectify.
An initial saving can therefore be outweighed by the cost, delay and stress involved in trying to address the problem later.
Expert Reports
Often family proceedings will require the input of an independent third-party expert. Most commonly in financial proceedings, this will be a specialist actuary known as a Pensions on Divorce Expert (PODE).
Pension arrangements can be complex. Two pensions with apparently similar cash equivalent values may provide very different benefits, and calculating an appropriate pension share may require expert input.
Therefore, an AI chatbot cannot replace properly instructed expert evidence. It does not have the same professional obligations, access to all relevant scheme information or ability to undertake the individual assessment that may be required.
The same principle can apply to any other experts involved in family proceedings, including property valuers, accountants and other specialist professionals.
So, is there a place for AI in family law?
AI can be helpful for explaining unfamiliar terminology, organising information, generating questions to discuss with a solicitor or providing a general introduction to a legal topic.
The Solicitors Regulation Authority recognises that AI can improve efficiency, productivity and access to legal services when used responsibly.
The danger arises when general information about family law processes is mistaken for individual legal advice.
It may be that the safest way to view AI is as a useful starting point, rather than the final word.
Talk to Us
Every family is different, and so is every family law case. If you want to speak to a family lawyer to obtain accurate and reliable information about your circumstances, contact us today.
