The Risks of Using AI to Draft a Divorce Financial Order

Artificial intelligence (AI) tools such as ChatGPT have become increasingly popular for helping people understand complex topics, generate ideas and draft documents. They're a useful way to research a subject or get to grips with unfamiliar terminology. However, when it comes to legal matters, they have important limitations.

If you're considering using ChatGPT to draft your divorce financial order, it's worth understanding where AI can help and where it can't. A financial order can have a lasting impact on your financial future, so it's important to get it right.

Here's where AI can be useful, where it falls short, and why getting legal advice remains an important part of preparing a financial order in England and Wales.

Divorce financial orders require careful legal drafting

A divorce financial order is a legally binding document that records the agreement reached between you and your former spouse. It must accurately reflect what you've agreed and meet the legal requirements of the courts in England and Wales. Even when both parties agree on the financial settlement, the wording of the order matters.

A financial order may need to deal with:

• Property transfers
• Spousal maintenance
• Pension sharing arrangements
• The division of savings, investments and other assets
• Enforcement provisions
• Future events and contingencies that help reduce the risk of later disputes

AI tools such as ChatGPT can produce well-written documents, but they cannot guarantee that a financial order is legally effective, accurately reflects your agreement or is suitable for your circumstances. An omission, ambiguity or drafting error could lead to delays, additional legal costs or disputes later on.

AI cannot assess whether your financial settlement is appropriate

Every financial settlement is different. What is fair in one case may not be fair in another. When deciding whether a financial settlement is appropriate, the court considers a range of factors, including income, assets, liabilities, housing needs and future financial requirements.

Without specialist legal advice, there is a risk that:

• Valuable assets, particularly pensions, may be overlooked or undervalued.
• Incomplete financial disclosure may not be identified.
• You could agree to a settlement that doesn't properly protect your future financial position.
• The long-term financial impact of an agreement may not be fully understood.

AI tools such as ChatGPT can provide general information, but they cannot verify that all relevant information has been disclosed or advise whether a proposed settlement is appropriate for your circumstances.

Errors are not always obvious

One of the challenges with using AI to draft legal documents is that the final document can look professional and convincing, even when important legal issues have been missed.

Problems often only become apparent when:

• The court raises queries or refuses to approve the order.
• One party later disputes the meaning or effect of a provision.
• The terms of the order need to be enforced.
• A change in circumstances exposes an issue that could have been dealt with when the order was drafted.

By that stage, putting things right can involve additional legal costs, delays and, in some cases, further court proceedings.

A solicitor provides advice, accountability and peace of mind

When you instruct a specialist family solicitor, you're getting far more than a drafted document. You're receiving advice that's tailored to your circumstances, together with the reassurance that your solicitor is regulated and professionally accountable for the work they carry out.

Working with a specialist family solicitor means you benefit from:

• Advice tailored to your personal and financial circumstances.
• Carefully drafted legal documents that reflect what you've agreed.
• Guidance on the fairness and potential risks of a proposed settlement.
• Professional regulation and a duty to act in your best interests.

AI is a useful tool for researching legal topics and understanding legal terminology, but it doesn't owe you a duty of care, accept responsibility for the information it provides or offer the legal protections that come with instructing a qualified solicitor.

Protect your financial future

AI is a useful starting point for researching legal issues, but it shouldn't replace tailored legal advice when preparing a legally binding financial order in a divorce.

If you've reached an agreement with your former spouse, our experienced Family Law team can prepare or review your financial order to help ensure it accurately reflects your intentions and is ready to be submitted to the court.

Call us on 023 8063 9311 or email enquiries@warnergoodman.co.uk to speak to one of our specialist family solicitors.