Artificial Intelligence and Family Law: A Helpful Tool, but No Substitute for Legal Advice

The rise of artificial intelligence has transformed many aspects of daily life, and the legal profession is no exception. From drafting correspondence to researching points of law, AI tools such as ChatGPT and similar platforms are now widely available and increasingly sophisticated. It is no surprise, therefore, that clients involved in family law proceedings are turning to these tools for assistance whether to understand their rights, prepare documents, or simply to make sense of what can be an overwhelming and emotionally charged process.

As family law practitioners, we recognise the value that AI can bring. It can provide general information quickly, help individuals organise their thoughts, and offer a starting point for understanding legal concepts. However, our growing experience of clients using AI throughout the course of proceedings has highlighted significant risks, which, in some cases, have led to serious and irreversible consequences.

A Useful Tool, but One That Demands Caution

AI has the potential to be an incredibly useful tool, however its usefulness depends entirely on how it is used and, by whom. For a legally trained professional, AI can assist with efficiency and research. For a member of the public without legal training, however, the outputs of AI can be dangerously misleading. The difficulty is that AI presents its answers with confidence and clarity, regardless of whether those answers are correct, complete, or appropriate to the specific circumstances of the user.

This is particularly concerning in family law, where the stakes are exceptionally high. Decisions made during divorce proceedings, disputes over children, or financial settlements can have life-long consequences.

The Jurisdiction Problem

One of the most significant dangers of using AI for legal matters in Northern Ireland is the question of jurisdiction. Our legal system, whilst sharing some similarities with England and Wales, is a separate and distinct jurisdiction with its own legislation, court rules, and procedural requirements. AI tools are typically trained on vast quantities of data drawn from multiple jurisdictions predominantly from England and Wales, the United States, and other common law systems. They do not reliably distinguish between the law as it applies here and the law as it applies elsewhere.

This means that a client in Northern Ireland who asks AI a legal question may receive an answer that is perfectly correct in another jurisdiction but entirely wrong for their own case. The consequences of acting on such information can range from procedural errors to substantive misunderstandings of one's legal rights and obligations. In family law, jurisdictional accuracy is not a minor detail, it is fundamental.

A Cautionary Tale: The Form M6

We are aware of a case which illustrates the real-world dangers. A client involved in divorce proceedings was required to complete a Form M6 — the standard form by which a Respondent in Northern Ireland indicates their position in response to a divorce petition. The client, who was content for the divorce to proceed but did not wish to be held liable for costs, decided to use AI to assist him in completing the form. He instructed AI that whilst he did not intend to defend the divorce, he did not want to pay the costs of the divorce asking AI to fill out the form on that basis.

The AI system guided the Respondent how to respond and the Form M6 was completed and returned to the Matrimonial Office. Upon receipt of a bill of costs for the divorce proceedings from the Petitioner’s solicitor, the Respondent queried the reason for the bill and sought legal advice at that stage. It transpired that whilst the AI system had correctly noted that the Respondent did not intend to defend the divorce proceedings, it had also, critically, indicated that the Respondent had no objection to paying the costs of the proceedings.

The client, unaware of the legal significance of these entries, filed the form with the court with the result being that a Decree Nisi was granted on the basis of unreasonable behaviour and, because the Form M6 indicated no objection, full costs were awarded against the Respondent. By the time the client realised the error, it was too late to remedy. What had seemed like a straightforward exercise in using technology to save time and money had saddled the client with a costs order he had specifically wanted to avoid.

Legal Training Remains Essential

Cases such as this reinforce a fundamental truth: AI is not a substitute for legal advice. It cannot understand the nuances of a client's individual circumstances, it cannot exercise professional judgement, and it cannot be held accountable when things go wrong. Legal training exists for a reason. Solicitors spend years learning not only the substantive law but also the procedural rules, the local practice, and the art of applying legal principles to the facts of each unique case.

We would never discourage anyone from using AI to educate themselves or to prepare for discussions with their solicitor. Indeed, a well-informed client is often better placed to engage meaningfully in their own case. However, we would strongly urge anyone involved in legal proceedings, particularly in family law, where emotions run high and the consequences are so personal, to seek professional legal advice before acting on anything that AI has produced. The cost of a consultation with a solicitor is invariably far less than the cost of rectifying a mistake that need never have been made.

If you are involved in family law proceedings and have questions about your position, please do not hesitate to contact our team. We are here to help, and unlike AI, we understand the law as it applies to you, in your jurisdiction, in your specific circumstances.

To speak with a member of our team, call us on 028 2752 6131 or email enquiries@paduffy.com

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