Generative Artificial Intelligence (AI) and Family Law – A Risky Combination
Artificial intelligence (AI), in particular Generative AI such as ChatGPT, is becoming an increasingly common source of quick answers to everyday problems, including legal questions. Many people now turn to these platforms for guidance on family law in Australia, including issues relating to parenting arrangements, property settlement and separation.
While AI can be a useful educational tool, relying on it as a substitute for legal advice from a family lawyer can be risky and may ultimately prejudice the outcome of your family law matter. Below are the key risks involved in using AI for family law advice or attempting to finalise a matter without professional guidance.
1.Family Law is Complex and Highly Individual
Generative AI platforms can only provide generalised information and cannot consider the full personal, financial, and parenting dynamics of a case. Family law matters in Australia are discretionary, meaning outcomes vary greatly depending on the unique facts of each situation.
A “one size fits all” approach simply does not work for divorce proceedings, parenting disputes or property division. AI cannot review documents, assess credibility, weigh evidence, or provide strategic advice tailored to your circumstances. Instead, AI may provide a generic response, leading to unrealistic expectations, flawed negotiations, or decisions that negatively impact your long-term outcome.
2.Privacy and Confidentiality Risks
Generative AI platforms such as ChatGPT learn by data collection, drawing on information they receive over time to improve their understanding. They are not bound by legal professional privilege or confidentiality obligations or the strict privacy requirements that apply to family lawyers in Australia.
Because family law cases often involve highly sensitive and personal information (including financial records, personal communications, identity information and children’s details), uploading information to a public AI tool carries the real risk that it may be stored, reused or appear in responses to other users, without your knowledge or consent.
3.Outdated or Inaccurate Information
AI platforms may provide information that appears convincing but is outdated, incorrect or misapplied. Australian family law changes frequently through legislative amendments, judgements and practice directions.
Without professional verification, users may rely on incorrect references or advice – potentially leading to delays in negotiations, invalid agreements or costly mistakes if the matter proceeds to Court. Even small inaccuracies can result in parenting orders being unenforceable, or property agreements being set aside.
Why Speaking With a Family Lawyer Matters
AI can be a useful starting point to understand general concepts, but it cannot replace tailored advice from an experienced family lawyer. Each family law matter is unique, shaped by the parties’ personal history, finances, and future goals. Speaking to an experienced family lawyer will ensure you receive accurate, current, and confidential advice that is tailored and aligned with the best interests of you and your family.
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If you are navigating separation, divorce, parenting arrangements, or property settlement, our experienced family law team can help you understand your rights and guide you toward the best possible outcome. Contact us for confidential and personalised family law advice – we’re here to support you every step of the way.
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