Guide to obtaining a separation or divorce decree

A separation or divorce decree is a judicial document certifying the legal separation or dissolution of a marriage between two spouses, issued by the competent court.

It is a public document that contains the details of the judicial decision, the date of the provision, and the provisions relating to the personal and financial relationships between the parties, such as child custody, maintenance allowance, and the division of joint property.

In the context of inheritance matters, the separation or divorce decree plays an essential role in demonstrating the marital status of the deceased or the heir and establishing who is actually entitled to the inheritance.
In the absence of such a document, it is not possible to determine whether a person was still legally married or separated at the time of death.

Here is the guide to requesting a divorce and separation decree online through the Agenzia delle Successioni.

How to request a separation or divorce decree online?

Through the Agenzia delle Successioni, you can obtain a certified copy of your separation or divorce decree digitally, quickly and securely, without having to go to the Court or the Civil Registry.

The service is intended for heirs who must submit documentation for inheritance purposes.

Here is the request procedure:

1. Download the Delegation and Privacy Policy forms available at the bottom of the page.
2. Complete and sign the authorization form, selecting "Separation and/or Divorce Decree" from the required documents.
3. Send the documentation via email to segreteria@agenziadellesuccessioni.it, attaching a copy of the heir's or interested party's identity document and tax code.

After receiving the request, the Agenzia delle Successioni will verify the existence of the judgment with the competent court and provide a personalized quote for issuing the certified copy.

By relying on the Agenzia delle Successioni, you can obtain your separation or divorce decree in a convenient, safe and traceable manner, avoiding the long waiting times of the courts and the complexity of paper procedures.

These are the main advantages:

1. No direct access to judicial offices
2. Release of a certified copy valid for all legal purposes
3. Complete digital management, from request to delivery

Who issues the separation and divorce decree

The separation or divorce decree is issued by the court that handled the proceedings between the spouses.
A certified copy can be issued:

• From the Registry of the competent Civil Court, at the request of one of the parties or their heirs;
• From the Municipal Civil Registry Office, which records the separation or divorce in the marriage registers.

With formal delegation, the Agenzia delle Successioni can directly take care of requesting the document from the competent offices and delivering it to the applicant in digital or paper format compliant with the original.

What is the difference between a separation decree and a divorce decree?

A separation decree is a measure issued by a judge authorizing spouses to live separately, establishing the conditions relating to children, such as custody, maintenance, assignment of the marital home, and any alimony for the weaker spouse. This decree modifies marital obligations, such as cohabitation and fidelity, but the marital bond persists until divorce.

A divorce decree is a measure issued by the Italian judicial authorities declaring the dissolution of a civil marriage or the cessation of the civil effects of a concordat marriage. It is legally valid only after being recorded in the Civil Registry. This document also decides on issues such as alimony, child custody, assignment of the marital home, and other financial and personal matters, and can be obtained through joint proceedings, by agreement, or through court.

What is the purpose of a separation or divorce decree in inheritance law?

A separation or divorce decree is essential in inheritance procedures, as it allows verification of the deceased's marital status and determines whether the surviving spouse is still entitled to their share of the inheritance. The document is also required to file the inheritance declaration . It can be used to carry out land registry transfers and inheritance divisions , or to determine the legitimate shares due to family members. It also certifies the termination of the marital bond in notarial or judicial documents.

In addition to separation and divorce decrees, the Agenzia delle Successioni can obtain registry documents, civil status certificates, and court orders necessary for the complete management of inheritance and legal procedures.

View the complete list of documents that can be requested with a single authorization, easily, legally compliant, and completely digitally.

Read this article if you want to better understand how a will works in the presence of a second marriage .

In this article you can learn more about succession in adopted and natural children.