AI and Legal Agreements: Helpful Tool, Risky Substitute
Artificial intelligence has advanced rapidly in recent years. From writing assistance to research and even basic legal templates, AI tools promise convenience and speed. It’s tempting to think: “If AI can write agreements, why hire a California prenup lawyer to draft my prenup or postnup?”
The answer is simple: AI is powerful, but it has real limitations, and when it comes to something as important as your financial future, those risks are too high.
A Real-World Example: When AI Gets It Wrong
Just two weeks ago, a California appellate court published a case that serves as a warning. In Noland v. Land of the Free, an attorney filed appellate briefs filled with legal authorities supposedly generated with the help of artificial intelligence. The problem?
Nearly all of the legal quotes were fabricated.
Many of the cases cited didn’t actually discuss the issues at hand.
A few cases didn’t exist at all.
The result? The court sanctioned the lawyer, referred him to the State Bar, and the client lost her appeal. Although this case pertained to an employment law issue, the concerns and risks are the same when it comes to marital agreements like prenuptials and postnuptials: if AI produces inaccurate or incomplete legal content, the consequences can be devastating. This case highlights why over-reliance on AI can backfire, especially in the legal field. This isn’t science fiction, it’s happening right now. AI tools may “sound” convincing, but they often generate information that is misleading, incomplete, or entirely false.
Why This Matters for Prenups and Postnups
Prenuptial and postnuptial agreements are some of the most sensitive and complex legal documents you’ll ever sign. They require more than just “filling in the blanks.” Here’s why AI alone isn’t enough:
State-Specific Laws
Family law is governed by state law. California has unique requirements for prenups and postnups, from mandatory financial disclosures to rules governing spousal support waivers. AI may miss these crucial details.
Tailored Advice
Every couple’s situation is different. Do you have business interests? Expecting an inheritance? Children from a prior relationship? AI can’t weigh your goals, negotiate fairness, or anticipate how a court might interpret your agreement.
Enforceability Risks
A prenup or postnup is only valuable if it holds up in court. A poorly drafted agreement could be thrown out entirely, leaving you unprotected when you need it most.
Negotiation & Communication
A big part of the process isn’t just drafting; rather, it’s counseling, advising, and negotiating with your partner’s attorney. AI can’t replace that human skill. AI tools are useful for brainstorming ideas or simplifying routine tasks, but they cannot replace the judgment and experience of a seasoned attorney.
Don’t let AI shortcuts jeopardize your financial security or marriage. If you and your partner are considering a prenuptial or postnuptial agreement, consult with an attorney who focuses exclusively on this area of law and who understands your unique situation. A prenup or postnup is too important to risk on generic, error-prone software.
We’ve helped countless couples in California craft strong, enforceable agreements that protect their interests and give them peace of mind.
Contact us today to schedule a free consultation and take the first step toward protecting your future.
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