As the world becomes more dependent on the use of artificial intelligence (“AI”), it is getting hard to go a day in 2026 without using AI in some way. Some of us are using it without even knowing that we are!
The use of AI platforms is on the rise for all sorts of things, including making meal plans, organising overseas holidays, diagnosing illnesses (one would want to be particularly circumspect about this), and seeking free legal advice.
People wonder whether AI will take over the roles of many professional services one day in the (perhaps not too distant) future. So it begs the question, can AI replace your family lawyer?
We decided to put AI to the test and see if it could draft a set of property consent orders that may be agreed between a couple and submitted to the Family Court. This is what we got:
MINUTE OF PROPOSED CONSENT ORDERS
The Court orders by consent that:
Real Property
1.1. The property situated at Macgregor in the Australian Capital Territory presently valued at approximately $500,000 and subject to a mortgage in favour of National Australia Bank in the approximate sum of $300,000 (“the Property”) shall be transferred to the Respondent.
1.2. Within 90 days of these Orders, the Respondent shall:
a) Take all necessary steps to refinance and discharge the Applicant from any liability under the mortgage with National Australia Bank; and
b) Pay to the Applicant the sum of $100,000.
1.3. Contemporaneously with the payment referred to in Order 1.2(b), the Applicant shall sign all documents and do all things necessary to transfer his right, title and interest in the Property to the Respondent.
1.4. The Respondent shall be solely responsible for all mortgage repayments, rates, taxes, insurance and other outgoings associated with the Property from the date of these Orders.Motor Vehicles
2.1. The Applicant shall retain as his sole property the motor vehicle Volkswagen Polo, currently in his possession and valued at approximately $20,000.
2.2. Within 28 days of these Orders, the Applicant shall transfer to the Respondent all of his right, title and interest in the motor vehicle Mazda 3, valued at approximately $18,000.
2.3. The Respondent shall do all acts and sign all documents necessary to register the Mazda 3 into her sole name and shall be responsible for any transfer or registration costs.Joint Bank Account
3.1. The parties hold a joint bank account with Commonwealth Bank of Australia.
3.2. Within 14 days of these Orders:
3.3. The funds standing to the credit of the joint account shall be divided equally between the parties; and
3.4. The joint account shall be closed.Retention of Other Property
4.1. Except as otherwise provided for in these Orders:
a) The Applicant shall retain rm, assets, liabilities and financial resources presently in his name or possession; and
b) The Respondent shall retain all property, assets, liabilities and financial resources presently in her name or possession.Implementation
5.1. Each party shall sign all documents and do all acts necessary to give effect to these Orders.
5.2. In the event that either party refuses or neglects to sign any document necessary to give effect to these Orders within 7 days of written request, a Registrar of the Federal Circuit and Family Court of Australia is authorised to sign such documents on behalf of that party.
On the face of it, the orders may not look too bad. To a non-lawyer, they might look adequate and easy to follow and a much cheaper option than engaging a lawyer. However, as lawyers, the deficiencies in the orders are clear to us, concerning and could cause significant issues when it comes to implementing the orders, especially if one party does not comply. For example:
Who is going to pay for the transfers of the Macgregor property and the Mazda 3?
Do the orders actually require anyone to do anything about the joint bank account?
What happens if the Respondent does not make the payment to the Applicant on time, or at all?
Whilst it may be instant and free to attempt to draft your property settlement documents using AI, there are significant risks involved. If the orders are not drafted properly the Court may not accept them at all. If the Court does accept the orders, the parties may run into strife when it comes time to implementing them, especially if there is a disagreement.
The costs of engaging a family lawyer to fix an issue that may arise from improperly drafted orders could end up being more than the cost of having a lawyer draft them in the first place.
In addition to problems with the wording of the orders, the Court needs to be satisfied that the agreement reached by the parties is a just and equitable outcome. There is only so much information that ChatGPT can gather from the prompts it is given. ChatGPT may be able to give some broadbrush and general ‘advice’ but an AI platform cannot understand the nuance that comes with family law matters in a particular jurisdiction.
A family lawyer is trained to take detailed instructions from a client about the matters that are actually relevant and apply the law to those facts to ensure that their client achieves the outcome that they are looking for (in terms of enforceable orders) and a result that is just and equitable.
If you have reached an agreement with your former spouse, or you are considering your options following a separation, please get in touch with us. Our specialist family lawyers here at R + M Law can guide you through the relevant processes. To arrange an appointment with one of our family lawyers, please complete the enquiry form below or call us on (02) 6225 7040 or email info@rmfamilylaw.com.au, or get started now online.