AI and the President meet big data

A recent speech by Sir Andrew McFarlane the President of the Family Division England’s most senior family court judge announced a project to gather data on the financial circumstances leading to family court financial settlements. The English family justice system as with many justice systems around the world is keen to explore every opportunity to use AI and algorithms. But it is continually held back by the lack of data. This announcement bodes well for the future. The use of AI in ascertaining and/or facilitating fair financial outcomes on divorce is possible and vital provided there is the data.

Introduction

England and Wales along with most other common law jurisdictions has a discretionary system for the financial outcomes on divorce. There is significant latitude in order to come to a fair and just outcome according to the particular circumstances of the family. As families are often so very different with just a few facts potentially changing the fair outcome significantly it is very difficult to predict outcomes with certainty and confidence. Experienced family lawyers knowing particular outcomes in reported decisions and...

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