Can You Use AI During a Family Law Matter?

Artificial intelligence (AI) is quickly becoming part of everyday life, and family law is no exception. More and more people are turning to tools like ChatGPT to understand legal concepts, organise their thoughts or prepare for meetings with their lawyer.

At Orman Solicitors, we’ve seen first-hand how clients are incorporating AI into their legal journey. Some use it to summarise events or prepare questions. Others send pages of AI-generated legal research or ask AI to predict the outcome of their case.

The reality is that AI can be a helpful tool, but it should never replace legal advice tailored to your individual circumstances. When used appropriately, AI can help you become more organised, communicate more effectively and make better use of your lawyer’s time. Used incorrectly, it can expose confidential information, create unnecessary confusion and even increase your legal costs.

How to make AI work with your lawyer, not against them.

AI Is a Helpful Assistant, Not Your Lawyer

AI is excellent at processing information and generating written content. However, it does not understand your unique circumstances in the same way your lawyer does.

It doesn’t know:

• the evidence in your matter
• the history of your relationship
• previous Court Orders
• the strengths and weaknesses of your case
• your long-term goals
• the strategy being developed by your legal team

While AI can explain general legal concepts, it cannot provide legal advice specific to your situation.

For example, AI may suggest that a particular parenting arrangement is “reasonable”, but it cannot assess issues such as family violence, concerns about a child’s safety, or the evidence that may influence the Court’s decision.

Think Carefully Before Uploading Confidential Information

One of the biggest mistakes people make is assuming that AI platforms are private. Before uploading documents or personal information, take the time to understand the platform’s privacy settings, data handling practices and terms of use. While some providers allow users to opt out of having conversations used to improve their models, confidential legal information should always be treated with caution.

There are also legal obligations to consider. Section 114Q of the Family Law Act 1975 (Cth) restricts the publication of information that identifies parties, children or other people involved in family law proceedings. These provisions are designed to protect the privacy of those involved, particularly children. While the application of these laws will depend on the circumstances, they reinforce the importance of exercising caution before sharing information relating to your family law matter with any AI platform.

Take extra care with documents such as:

• affidavits
• Court Orders
• financial disclosure documents
• medical records
• family reports
• emails and text messages
• photographs
• documents containing information about your children

Even if the documents belong to you, they may also contain sensitive or confidential information about other people. If you want AI to help improve your writing, consider removing names, addresses and other identifying details before using the information in a prompt.

Don’t Ask AI to Predict the Outcome of Your Matter

It’s natural to want certainty during a family law dispute. One of the most common ways people use AI is to ask questions like:

• Will I get equal shared care of my children?
• Will I keep the family home?
• Will I receive spousal maintenance?
• How much will I receive in a property settlement?

While these questions are understandable, AI simply isn’t capable of predicting the outcome of your matter. AI cannot evaluate evidence, assess credibility or predict how a particular judge may decide your matter. Australian family law is highly fact-specific. Two cases that appear similar on the surface can produce very different outcomes depending on the evidence.

AI Can Help You Prepare for Meetings With Your Lawyer

This is one of the best uses of AI. Many clients have months or even years of emails, text messages and notes. It can be overwhelming trying to identify what is actually important.

AI can help you:

• organise a timeline of significant events
• identify key issues you want to discuss
• summarise lengthy notes
• prepare an agenda before your appointment
• create a checklist of questions

Arriving at your appointment with clear, organised information allows your lawyer to spend more time providing advice and less time sorting through background information.

Use AI to Improve Communication, Not Rewrite History

Family law matters are often emotional. It’s understandable that emails or messages written in the heat of the moment can become lengthy or overly emotional. AI can be an excellent editing tool.

For example, you might ask it to:

• make an email more concise
• remove emotional language
• improve grammar and readability
• make your communication respectful and factual

However, AI should never be used to exaggerate facts, invent conversations or rewrite events to make them appear more favourable. Your lawyer relies on accurate information to provide sound legal advice.

Please Don’t Send Your Lawyer 20 Pages of AI-Generated Case Law

This may surprise you, but it’s becoming increasingly common. Clients sometimes send lengthy AI-generated legal research, believing it strengthens their case.

Unfortunately, AI can produce:

• cases that do not exist
• outdated legal principles
• incorrect references to legislation
• matters that have little relevance to Australian family law.

Rather than sending pages of AI research, a much more helpful approach is to ask your lawyer targeted questions. For example: “ChatGPT mentioned that family violence can affect a property settlement. Could that be relevant in my case?”

That question allows your lawyer to provide advice specific to your circumstances, rather than spending time verifying AI-generated material.

AI Can Help You Save Time and Legal Costs

One of the greatest benefits of AI is helping you become a more organised client.

If AI helps you:

• prepare questions
• organise documents
• summarise information
• create timelines
• draft clear communications

Your lawyer can spend more time focusing on legal strategy and advice. That often leads to more productive meetings and may reduce the amount of time spent on administrative tasks. Think of AI as a productivity tool, not a substitute for professional advice.

AI Works Best Alongside Your Lawyer

AI is changing the way people access information, and it’s likely to become an increasingly useful tool for clients navigating family law matters. When used appropriately, it can help you stay organised, prepare thoughtful questions and communicate more effectively.

However, the most important legal decisions in your matter should always be based on advice from an experienced family lawyer who understands your circumstances, your evidence and your goals. Used together, AI and your lawyer can be a powerful combination, helping you navigate your family law matter more efficiently and with greater confidence.

If you have questions about using AI in your divorce or separation, our experienced Family Law team can provide clear, practical advice tailored to your circumstances. Contact us to arrange a confidential discussion with one of our experienced family lawyers.

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