AI in family law: can it give reliable legal advice? | Orwins

Insights Published: 13 July 2026

Will AI replace the legal profession? The benefits and pitfalls of using AI in Family Law cases

Growth of AI

AI has become a big part of our lives over the past few years. It is a useful tool to find information quickly, if used consciously and correctly. It is important to remember that AI is still a developing tool and cannot be relied on completely. It is crucial to verify AI information with credible sources and not blindly believe everything AI generates is true and factual.

As legal professionals we see this day in and day out - clients presenting us with legal arguments that they found on an open AI source even though these arguments do not address the client’s particular situation. We often get asked to review AI generated contracts, an AI generated consent order, witness statements and this is becoming increasingly common. Using open AI in this context can be extremely dangerous and harmful especially for people who do not have legal training and can easily be misled by the AI generated responses.

The dangers of using AI in family law

Using ChatGPT for legal advice, or any other open AI tool, carries particular risks in family law. This is why the question of whether AI can give legal advice matters: it is impossible for an AI system to provide someone with comprehensive tailored advice due to the wide discretion that judges have. Although our legal system is based on precedents, which provide some degree of certainty and consistency in judicial decisions, it is still often difficult to predict the outcome of a case. A family lawyer advising their client will ask all the necessary questions and obtain all the information that would be relevant to their case. A real legal professional would consider all circumstances in a client’s situation in order to give them an understanding of what a judge would take into account and what the likely decision might be. Artificial intelligence however is very limited in this respect. It can often mislead people by giving them the easiest, most straightforward answer which in many cases may not be correct.

Dangers for legal professionals

Not only does AI provide only general information, it often “hallucinates”. That is correct, AI usually tries to provide a positive answer to help consumers achieve their goal, and in pursuit of satisfying consumers, it often gives answers that are incorrect. Unfortunately, this is often overlooked, not only by lay people but by legal professionals as well. There are a number of cases from the past five years, where barristers sought to rely on AI to make their legal arguments in court and ended up citing fictitious caselaw. This not only undermines a legal professional’s reputation, but it can lead to serious consequences such as revocation of their practicing certificate.

Confidential Information

In addition to the dangers of eliciting incorrect advice through AI, there are the dangers of publishing sensitive and private information on an open system. When a client meets with a solicitor, the solicitor is bound by a duty of confidentiality. This means that it is the duty of the solicitor not to disclose the client’s personal and private information. There are strict regulations, and legal professionals have a number of measures in place to ensure client data is kept secure and confidential. Asking open AI for advice, includes sharing private and sensitive information that is not regulated in this way. There is uncertainty on how this data can be used, and furthermore, risk that it can be accessed by unauthorised people such as cyber criminals.

Conclusion

In conclusion, AI, as helpful as it is, is far from replacing the legal profession, and in any comparison of AI vs a family law solicitor the solicitor wins on the things that matter. AI has proven unreliable in providing legal advice and can often mislead people as to both the law and how it applies in their specific circumstances. You may consult a legal professional with confidence that they will protect client data and provide comprehensive advice, tailored to your specific situation. A quick AI generated search cannot compare with this.

How to contact us

If you are in need of specialist legal advice about any area of family law, please do not hesitate to contact our family law team and we will be happy to assist you.

Frequently Asked Questions

Can I use AI instead of a family law solicitor?

No. AI can give you general information about family law, but it cannot give you advice on your own situation. Family law relies on the wide discretion judges hold, so the outcome of a case turns on the specific facts, and only a solicitor who has asked the right questions and understood your full circumstances can tell you how the law is likely to apply to you. AI has no way of gathering that detail or weighing it as a judge would. It is a useful starting point for understanding a topic, but it is not a substitute for tailored legal advice.

Is it safe to use ChatGPT for legal advice on divorce?

We would strongly caution against relying on it. Beyond the risk of incorrect or oversimplified answers, divorce and financial matters involve highly sensitive personal and financial information. When you put that information into an open AI tool, it is not protected by the duty of confidentiality a solicitor is bound by, and there is genuine uncertainty about how the data is stored, how it may be used, and whether it could be accessed by unauthorised people. Using ChatGPT to understand the divorce process in general terms is one thing; using it to make decisions about your own case is a real risk.

Why can't AI give reliable family law advice?

Two main reasons. First, family law is discretionary rather than formulaic, so even with a system based on precedent, it is often difficult to predict an outcome, and AI tends to offer the simplest answer rather than the correct one for your circumstances. Second, AI “hallucinates”, meaning it can produce confident answers that are simply wrong, including invented case law. This has caught out not only members of the public but legal professionals who relied on AI and cited cases that did not exist. General information is where AI is useful; reliable, situation-specific advice is not something it can provide.

Is it confidential to put my legal questions into AI?

No. A solicitor is bound by a strict duty of confidentiality and has regulated measures in place to keep your information secure. An open AI tool is not regulated in the same way. Once you share private details, you have limited certainty over how that data is held or used, and there is a risk it could be exposed to unauthorised parties. If your question involves personal, financial or family information, it is far safer to raise it directly with a solicitor.