Divorcing couples who turn to AI tools for advice are running serious legal risks and racking up unnecessary extra costs, lawyers warn.The gravest danger lies in sharing private financial and personal information or allegations, which could land you in contempt of court if it is discovered.Contempt of court is where a person defies the authority of the court, and is punishable by an unlimited fine and/or up to two years in prison, says Osbornes Law.Another risk is relying on false, unsuitable or incomplete information, which might not apply under the laws in this country.AI can also generate reams of correspondence and legal arguments that you can end up paying lawyers extra to sift through.But Lee Henderson, a partner in the family team at Osbornes, cautions: 'The biggest issue for me, and the biggest risk for clients, is the casual way in which many people share swathes of personal information about their own affairs or, more worryingly, those of their ex-partner. Using AI in divorce: Beware the legal risks and extra costs, warn lawyersPeople are often unaware these tools might not keep their information private, and that they are effectively putting it in the public domain, explains Henderson.'I have seen clients who have disclosed details of their finances and even about cases involving children where very serious allegations have been made.'I can say with certainty that this will be happening all the time, especially in cases where people can’t afford legal representation, and it can be dangerous.'Should it come to light during court proceedings that someone has shared private information with an AI tool, I think they could be found to be in contempt of court, and I am surprised that we have not yet seen that happen.'Henderson says it’s unlikely in this scenario that someone would be jailed unless they were a persistent offender, but the court would certainly take a dim view which could negatively affect their case. Lee Henderson: People sometimes disclose their finances or make very serious allegations in AI toolsUsing AI tools safelyPeople have been advised to be careful when consulting AI tools about money issues in general.The Government-backed MoneyHelper website offers some dos and don'ts on using AI for help with money decisions, and includes information on the data and privacy risks.This says: 'AI can also store the information you type; expose personal data if misused; be manipulated by scammers to produce highly convincing frauds.'So keep anything sensitive to yourself, no account numbers, no National Insurance details, no full personal info. Cybercriminals are already using AI to create more realistic phishing emails and scam websites.'It goes on: 'If you choose to use AI for money decisions, treat it as a starting point and take steps to check the information before acting on it.'Running up extra legal costsLee Henderson says use of AI has become so prevalent that his firm Osbornes is considering highlighting the dangers in its correspondence with all new clients.'Often people don’t ask the right questions in the right way, such as to specify English law, so the answers they get back are not always accurate.'When asking what a reasonable divorce settlement looks like, people may also overlook important information, for example, what is in their ex’s pension pot.'He adds: 'The danger is that AI is so compelling and will offer up step-by-step instructions which, to the untrained eye, looks like the solution to their problem.'Henderson warns people should be very cautious about the information they share and be aware of potential extra costs.'Any reputable lawyer will also always check for accuracy and one thing chatbots are typically not is concise, so the added time it takes to sift through any "AI slop" will inevitably be reflected in their bill.' Julian Ribet: Clients are using AI to draft emails to solicitors, which can result in lengthy correspondence about irrelevant concernsAI content can sound convincing but be wrongAI tools sometimes give people false confidence in legal arguments that in reality have little prospect of success, warns Julian Ribet, partner at Ribet Myles.That does not mean AI gets the law completely wrong, but family judges have discretion so there is not necessarily one right answer to each case, he points out.Ribet explains misplaced confidence in your legal case in divorce, where emotions are already running high, can quickly escalate disputes.'In addition, increasingly clients are using AI to draft emails to send to their solicitors which can result in unnecessary lengthy correspondence dealing with AI generated concerns that are often not relevant to the facts of the case.'We have seen situations where AI-generated correspondence and legal arguments have significantly increased the volume of issues being by the client raised during the proceedings.'While the content often sounds convincing to the user, it can be legally confused, irrelevant to family law or based on incorrect assumptions.'The result is that parties can spend more time and money addressing points that would not otherwise have arisen.'Ribet says AI can be used in a sensible way to save legal costs, to help make the lawyer more efficient, and as a useful basic starting point for general information.But he adds: 'The outcome of a financial settlement on divorce depends on individual circumstances, judicial discretion and nuanced, considered legal advice.'There is currently no substitute for an experienced family lawyer applying the law and his or her professional judgment to the specific facts of a case.' Ciara Pugh: AI cannot tailor its answers to a specific, complex and emotionally charged situationAI has benefits as well as drawbacks in divorce'It’s hard to deny that AI can be useful for clients going through divorce proceedings,' says Ciara Pugh, a partner at Stowe Family Law.'It can speed up some of the administrative processes, support with research for professional support - like finding a financial adviser, or a conveyancing specialist - and even help with constructing emails or messages to ex-partners.'But Pugh says it has pitfalls if relied on fully for legal advice, because it can’t replace the skills and expertise of a trained family lawyer.'It cannot tailor its answers to a specific, complex and emotionally charged situation, sometimes giving misleading, incorrect and unsuitable generic advice.'We have also seen clients come to us with, for example, draft statements, that contain incorrect legal references and case law.'Pugh explains: 'Although it is often used as a cost saving method, ultimately proceedings can cost more and take longer, particularly in cases where a draft financial consent order has been submitted to the court without first being reviewed by a lawyer.'
Dangers of using AI in divorce: Beware disclosing sensitive details
The gravest danger lies in sharing private financial and personal information or allegations with a chatbot, which could land you in contempt of court if it is discovered.












