Before you press send: how AI, WhatsApp and social media could damage your case

When involved in divorce or financial remedy proceedings, it is natural to want advice, reassurance and support from those around you. Many people discuss their case with friends and family, share updates in WhatsApp groups, or turn to AI tools such as ChatGPT and Copilot for quick answers.

What many people do not realise, however, is that a seemingly harmless decision to share information can create serious legal problems. In some circumstances, sharing documents or information connected to family court proceedings can compromise confidentiality, jeopardise legal privilege, and potentially lead to significant consequences.

Why confidentiality matters

Family law proceedings often involve highly sensitive information, including:

• financial disclosure;
• bank statements and business information/documentation;
• trust structures and investment arrangements;
• witness statements;
• expert reports;
• correspondence between legal representatives;
• court orders.

Although this information relates to an individual’s own life and finances (and those of their former partner), that does not necessarily mean they are free to distribute it however they choose. The family court places considerable importance on protecting confidential information. Documents disclosed during proceedings are generally provided for the purpose of resolving the case, not for wider circulation amongst friends, relatives, colleagues or the public, and are subject to strict confidentiality rules.

The hidden risks of using AI

AI tools have become part of everyday life. Faced with lengthy legal correspondence or substantial financial disclosure, it can be tempting to upload documents and ask an AI platform to summarise them, explain legal concepts or answer questions. Whilst this might seem convenient, it can create risks. Uploading documents such as:

• Forms E;
• trust deeds;
• draft witness statements;
• settlement proposals;
• court orders; and
• solicitor correspondence

may involve sharing confidential information with a third-party platform.

Many people are unaware of what happens to information once it is uploaded, who may have access to it, how it may be stored, or what rights the platform has under its terms of use. Before uploading any document connected to a case into an AI system, speak with your solicitor first.

Think carefully before sharing legal advice

One of the most important protections available to clients is legal privilege. This allows them to communicate openly with their solicitor and barrister, knowing that those communications are generally protected from disclosure to the court or the other side. However, that protection can be weakened or lost if privileged material is shared with others. Common examples include:

• forwarding legal advice to friends or relatives;
• sending counsel’s opinion to business contacts;
• sharing solicitor correspondence with a new partner;
• uploading legal advice into an AI platform.

The rules surrounding legal privilege can be complex, but the practical guidance is simple: if a document comes from your legal team, do not share it without first discussing it with them.

The problem with WhatsApp groups

Many clients create WhatsApp groups with trusted friends or family members to help them navigate what can be an emotionally difficult process. Although these groups may feel private, they can quickly become problematic. Commonly, people may share:

• screenshots of financial disclosure;
• copies of correspondence;
• details of negotiations;
• information about court hearings.

Once information leaves the solicitor-client relationship, control over it is often lost. Messages can be forwarded, screenshots taken, and documents retained indefinitely. Information shared with a small group of trusted individuals can travel much further than intended.

Social media can create unexpected difficulties

Divorce and family disputes are often highly emotional. It is understandable that people may feel tempted to share their experiences online. However, social media posts can create significant risks. Even apparently innocent posts can cause problems, including:

• revealing confidential information;
• undermining evidence;
• escalating tensions between parties;
• attracting unwanted media attention;
• damaging carefully managed reputations.

Importantly, deleting a post does not mean it disappears. Screenshots and archived copies can preserve content long after it has been removed. For business owners, public figures and high-net-worth individuals, the potential reputational impact can be particularly significant.

Could there be legal consequences?

In some cases, inappropriate sharing is simply unhelpful or embarrassing. In others, the consequences can be much more severe. The family courts take confidentiality obligations and restrictions on the use of information seriously. Breaches can lead to costly disputes, additional court applications, and even allegations of contempt of court. The precise legal position will always depend on the facts of the case, but it is important not to assume that confidentiality rules or court-imposed restrictions are merely technicalities.

Practical advice

As a general rule, treat anything connected with a family law case as confidential. Before sharing any information, consider whether it falls into any of the following categories:

• court documents;
• financial disclosure;
• settlement discussions;
• evidence;
• legal advice;
• correspondence with your legal team.

If it does, do not share it with anyone, including friends, family members, colleagues, WhatsApp groups or AI platforms. When in doubt, ask your solicitor first.

A simple rule to remember

Technology has made it easier than ever to share information instantly. Unfortunately, it has also made it easier than ever to create problems that could affect a family law case. The safest approach is often the simplest one: before uploading, forwarding, posting or pressing send, stop and ask whether you should. A brief conversation with your solicitor today could prevent a much bigger problem tomorrow.