Risks of DIY legal documents drafted by AI
8 September 2026

The age of AI is rapidly changing many aspects of our lives. The legal world is pivoting and adopting these changes at the same rapid pace. When used skilfully, AI contributes to better client outcomes and provides a useful tool for practitioners. However, AI has perils for lay people using it to draft legal documents or obtain legal advice. 


Separation Agreements & Relationship Property

The risks are particularly profound in the division of relationship property. For many people, a separation from their partner is one of the most challenging times of their lives: emotionally, mentally, financially and legally. So naturally, many are now turning to AI to assist them in navigating the challenges, including the drafting of a separation agreement.


In New Zealand, the division of relationship property is governed by the Property (Relationships) Act 1976. Under the Act, couples may divide their relationship property by executing a separation agreement.


For the agreement to be valid, it must:

  • Be in writing,
  • Be signed by both parties,
  • Each party must have independent legal advice before signing the agreement,
  • Their signature must be witnessed by a lawyer,
  • And the lawyer must certify that they have explained the effect and implications of the agreement to their client. 


Banks often require parties to have a validly executed separation agreement as a condition of the lending. This is another cost, in an already expensive time. A quick Google, and off to the AI search engine to create an agreement! But, wait. This is where the perils arise. 


The Risks of Using AI for Legal Documents

An AI agreement skips the fundamental steps that make your separation agreement durable and help to avoid future challenges. The last thing any couple wants is to find themselves back before a lawyer in 3 years because the agreement lacked a foundation: disclosure of all assets and liabilities, legal advice and a carefully crafted agreement which reflects the parties' unique circumstances. Each person is unique, and so are their assets and personal circumstances. 


The separation agreement document represents only a small portion of the work that a lawyer does for a client on separation matters. To avoid future problems with a separation agreement, documents supporting all assets and liabilities must be exchanged, arguments for any adjustments to equal division explored, and the client advised on the effect and implications of the agreement. An AI-generated document does none of those things. 


So what are the key perils of an AI agreement?


Lacks foundation

The real peril is that it lacks substance.

It’s a bit like attempting to build a house without laying the foundations: it’s going to get wobbly. 


False information

Also, AI frequently hallucinates. The words may look correct, and it’s well formatted. But the substance is incorrect, including references to sections of legislation. In short, add a good dose of salt when you read that AI analysis or document. 



How AI can help

If AI shouldn’t be used to draft your separation agreement, how can it help you in a separation?

You will still need to visit an experienced relationship property lawyer. So, why not use AI to help you give them a well-structured collation of your information? All assets and liabilities with supporting documents need to be collated and shared with your lawyer.


Use AI to help you with this process, so when you turn up for your first meeting, you have all the documents and a summary of the information. 


If this resonates with you, we are sorry to hear that you’re going through a tough time. The relationship property team at Willis Legal is here to help. Reach out to our experts. We’re here to deliver not only a result, but a durable agreement that avoids future disputes.


By Marta Black


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20 September 2026
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