AI vs. divorce lawyers

Can you divorce without that human touch?

Divorce is expensive. Even an uncontested divorce carries costs, at precisely the time when one household is becoming two, with all the associated financial consequences. With the rise and rise of AI, couples facing divorce are starting to ask, “Can AI do this for me? Do I really need a divorce lawyer?” The short answer is yes. As a firm of family lawyers, you might think we would say that, wouldn’t we? But rather than trying to preserve our jobs, we’re trying to protect you from entering into a divorce agreement you may bitterly regret. Can AI assist in the divorce process? Absolutely. Can it replace a lawyer altogether? No. Here’s why.

There’s an app for that

The Australian government has developed an app called Amica that allows divorcing couples to arrive at parenting arrangements and property division entirely online. The process is only suitable for couples who are amicable and whose circumstances are straightforward. It is not appropriate for high-conflict divorces, circumstances involving family violence, or complex financial entanglements such as business interests or trusts. Despite these limitations, the app is revolutionising divorce in Australia. Using AI, it draws on the experiences of 1000s of divorcing couples to propose fair and equitable settlements. Couples input details of all assets and financial means, and children if relevant, and Amica recommends separation arrangements. If the couple agrees, Amica provides a downloadable document. This is not yet legally binding but can be used to apply to the Family Court for consent orders (effectively a court order in Australia for divorce cases) without the intervention of an attorney. It may sound like a good way to save money on legal fees, but Australian divorce attorneys have reservations. The method lacks nuance and, however amicable you both are, you may not fully understand the best way to divide your assets – in both your interests. Finances are always more complicated than they appear.

This approach to divorce is not available – or legal – in South Africa (yet), although you have always been able to secure the relevant documents from the local court and file your own pleadings (DIY divorce). There are law firms offering online divorce. But this is just automated online document generation using templates the law firm has developed; and in most cases a lawyer is still engaged to bring the case before the court. AI tools can speed up the divorce process and reduce costs. There are few law firms not using AI in some form. But a human lawyer will always be a better legal guide and companion for you than a bot. 

What AI can do 

AI can handle repetitive tasks quickly and can automate the production of certain standard documents. It is particularly good at analysing case law and finding legal precedents. It has access to far more data and can process it more quickly than a single attorney or even a skilled team. This not only reduces the time and cost involved in the research phase, it also broadens the scope of the research, which is helpful where a case has unusual components that may be beyond the experience of the team.

AI may be able to suggest likely outcomes, based on historical cases it analyses. This is not an accurate prediction of the result but may inform or influence a client’s approach, for example it may encourage or discourage consideration of a settlement option depending on its past success rate. 

An interesting and relatively new use of AI in the legal context is the verification of digital evidence. Whereas WhatsApp messages and email conversations used to be admissible as evidence in divorce cases, the emergence of deepfake images and even audio or video content now means courts pause before admitting digital evidence. AI forensic tools can be used to verify the authenticity of such content.

What AI can’t do

First and foremost, AI can’t empathise. While the content it produces can sound human – it might tell you “well done” or even make a joke – it is JUST CODE. It has been trained to make conversation in a human-like manner. In fact you can even tell ChatGPT how you want to be addressed – professionally, informally, even critically. But when you are going through a divorce it helps to have a person who understands the emotional impact of a relationship breakdown and can help you anticipate the feelings that are likely to emerge at different stages of the process.

A good family lawyer has soft skills that no dataset can imitate. Communication, emotional intelligence, conflict resolution skills, and the ability to craft effective communication that will achieve its objective without alienating the other party are all skills that, so far, no AI-driven bot or app has managed to replicate. If you are dealing with a narcissistic or egotistical opponent, you need an attorney capable of detecting and refuting malicious claims and defamatory statements. There is an art to that. AI is pure science.

Nor can AI truly understand your situation. The Australian app Amica may be able to arrive at a settlement that has worked for many couples. But you are not many couples. You are you. Divorce is personal, and a good Cape Town divorce attorney will not only apply the rules, they will interpret them in the way that best suits your circumstances. The law may be precise in some regards, but there is still room for strategic thinking and good judgment. 

AI can also make mistakes. When used to generate standard forms or settlement proposals, it must be checked carefully. Only a lawyer with a sharp eye, an intimate knowledge of family law, and years of experience can know if an AI-generated document is accurate and can correct any errors it might contain.

A tool, not a substitute 

Ultimately, AI used well is a beneficial tool that will help your lawyer help you. It deepens the knowledge and resources available to build a case, speeds up administrative time and thereby reduces costs, and may be able to suggest potential outcomes that inform your strategy. But it can’t pass you the box of tissues when emotion overwhelms you. Nothing can replace the interpersonal skills of a seasoned family law specialist.

Cape Town family lawyer can help

SD Law is a firm of attorneys based in Cape Town, with offices in Johannesburg and Durban, who are experienced in divorce and family law. We embrace the latest technology and harness it to help our clients, but we never lose sight of your individual needs. If you are considering divorce, call family lawyer Simon Dippenaar on 086 099 5146 or email sdippenaar@sdlaw.co.za for a confidential discussion. Together we will determine the best way forward for you. 

Further reading:

• Hiring a divorce attorney
• Effective divorce communication and litigation
• Choosing the Right Divorce Attorney in Cape Town
• AI chatbots get divorce law wrong

Simon Dippenaar

Founder & Managing Partner, SD Law

Attorney Simon Dippenaar has a BBusSc LLB degree and Professional Diploma in Legal Practice from the University of Cape Town, and is an admitted attorney of the High Court of South Africa. He is the founder and director of private legal practice, Simon Dippenaar & Associates, with offices in Cape Town and Gauteng representing South African and international clients.

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