Robot Divorces – should you let a machine manage your separation?
Robots are now a thing in separation. Well that is the term being used for online apps with “artificial intelligence” that are being developed to assist separating couples with parenting arrangements and property divisions. For some people this may work.
But for many, Robot Divorces can be dangerous and could cause you to get the wrong information. Read on to find out why having the human touch, before engaging these services, may just save you from experiencing something out of Skynet.
As specialist family lawyers in Sydney CBD, Lagom Family Law receive many new enquiries each week from couples looking for expert advice in their separation or divorce matter.
We find that most of the amicably separating couples realise shortly after meeting with a solicitor:
· There is no one size fits all approach – everyone is individual, so it is important to build a plan that reflects your personal circumstances.
· The finer details matter when looking to formalise an agreement, particularly one that sticks.
· You need information about your rights and obligations BEFORE you try to reach agreement.
· Usually what has been heard from friends or family’s divorces and the internet can’t be relied upon in their own circumstances.
These points highlight why quality, personalised advice is so important!
Many couples are looking to new technology driven alternatives to save time and money but in trying to save money, it can sometimes come at a significant cost to the individual, when the product or service is the only help they seek out in their legal matter, rather than also consulting professional and personalised advice from a Lawyer.
Amica is one example of an app that has been developed as an initiative by the National Legal Aid and Legal Services Commission of South Australia. It offers a user-friendly and intuitive design feature that attempts to ascertain “is amica right for me?”. It is like an online survey that determines and rules out any matters that may be deemed on the more complex side.
The problem for many couples is they are quickly confronted with questions that they simply cannot understand the relevance of, in context to their own finances, lives and those of their children, without first understanding the law and how it is applied to them.
The very first crossroad in the platform’s screening process delves into time limits that may apply for “orders by consent”, property divisions or spousal maintenance. As expert Lawyers we can tell you, none of these areas of a separation exist in isolation from an understanding of the law.
But the biggest areas of contention for us exist elsewhere when not seeking independent advice: Property divisions and parenting arrangements and the interplay that each individual relationship has on what is “fair and equitable” under the Family Law Act.
It is all too common, that many new clients we speak to, fail to recognise the significant non-monetary contributions, the impact that future earning capacity can have on property divisions or the ways that superannuation and other assets in one individual’s name (or conversely debts) can impact the property pool. If assets and liabilities are not recognised and understood in relation to the law early on, this can lead to issues that can then cost parties even more to try and undo later.
The second area we have touched on is parenting. Unfortunately, we see separating parties make early concessions that simply aren’t in the best interests of their children but are made out of what in the heat of the moment seems “fair”, in an effort to keep things “amicable”. For example, one party agreeing to 50:50 time with children, when the other parent works a 60-hour week or when travel for changeover has not been considered if the other parent was to relocate to another suburb or re-partner.
Therein lies the problem; current circumstances may have been considered but future changes have not. Within months the arrangement becomes unmanageable and they end up in Court, right where they did not want to be.
Expert family lawyers don’t just draft solid parenting agreements – they will guide you through the feasibility of certain options, based on significant experience from where they see problems often arise and tailor any arrangement to factor in and consider the children’s needs and any foreseeable changes to you as separated parents.
An agreement should always have fall-back provisions, that if for example a child’s sport training days or locations change and the time with one parent is impacted, that the agreement provide for what should happen. Robot apps can’t offer this yet and frankly we can’t see that happening anytime soon, as advice should and must be personalised based on the instructions you provide, but without identifying and asking the right questions of you and your family’s needs and having dialogue about what is important to you and your family it may not happen.
We see the major issue with Robot apps being that while it may be a cheaper option, you don’t get what you need. The whole point of having an agreement is usually to draw the line in the sand between you and your ex-spouse or provide a thorough plan that works for your family. There is no point getting a no-frills agreement that simply does not do that. In our experience, some of our clients have experienced greater problems and higher costs in the long run, because just like going to an inexperienced lawyer, the agreement was not designed correctly for them in the first place.
As expert lawyers, we cannot give personalised advice without first understanding your circumstances. For some clients we may say – “Robot Divorce apps are an option for you but keep X, Y and Z in mind and come back to us should you have any doubts”.
But for the vast majority of clients we speak to who have a mortgage, any significant savings, investments or superannuation, a business interest or disparate working income, these online services are by and far the most dangerous option you could use.
Even if you are the individual in the relationship with the more advantageous position, not consulting specialist family law experts in your matter to manage your position with care could cost you dearly both financially and emotionally, as you want to ensure when you close the door on the failed relationship, it stays closed because any agreement was drafted correctly.
Legal advice is an investment. It does not have to be costly however – finding the right lawyer who will work on your terms and with your preferences in mind is very important.
If you are considering using a Robot Divorce service and wish to chat confidentially to our team, we can discuss how a hybrid model of our advice coupled with options to take on areas of the process or even using a Robot Divorce service to keep costs down.
Click here to book a complimentary discovery call to and include a reference or summary of what you are looking for with a Robot Divorce service.
Author: Kalisha Martin, Senior Lawyer at Lagom Family Law