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Recently, the details of subscribers to the Ashley Madison website – where married people seek individuals with whom to engage in adulterous affairs – were leaked online. In total, the names and addresses of more than 37 million people worldwide were made available via a data file 9.7GB in size. It would certainly be logical to assume that any individual that were to discover that their spouse had been a member of the site would be eligible for a divorce on the grounds of adultery. However rational such an assumption would be, however, it is not necessarily accurate. If the perpetrator was successful in their attempts to meet and engage in extramarital sex with one or several other members of the site then their spouse would indeed be in a position to obtain a divorce on the grounds of adultery. If they had been only been members of the site and had not engaged in intercourse with a member of the opposite sex, however, then, bizarre though it may seem, the individual would technically not have committed adultery. In order to obtain a divorce on the grounds of adultery, the Respondent must have had penetrative sex with an individual of the opposite sex. Merely intending to engage in an extra-marital affair is not considered adultery in the eyes of the law, nor is engaging in intercourse with a member of the same sex. Considering that a divorce application based on adultery is reliant not upon the mere fact that the Respondent has been unfaithful, but that their actions have resulted in circumstances under which the Petitioner finds it intolerable to remain with them, it is highly unusual that evidence indicating that the Respondent intended to engage in adultery would not satisfy the court. Fortunately should someone find themselves in such a situation they will be able to cite their spouse’s activities as an example of unreasonable behaviour and file on this ground. Problematically, though, Petitioners are required to quote four examples of unreasonable behaviour in order for the application to be valid – something that can prove to be difficult. Perhaps recent events will provide legislators with the impetus that they need to change the laws regarding adultery or, better yet, introduce no-fault divorce!