Non-Compete Agreement in Delaware — Free PDF & Word (2026 Updated)

Restrict employee from competing after leaving

Sales Tax: 0%Notary: $5-$10Witnesses: 1

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NON-COMPETE AGREEMENT
State of Delaware

This Non-Compete Agreement is entered into on [DATE] between:

EMPLOYER:
Company: [COMPANY NAME]
Address: [ADDRESS], DE [ZIP]

EMPLOYEE:
Name: [EMPLOYEE NAME]
Address: [ADDRESS], DE [ZIP]

1. NON-COMPETE COVENANT
Employee agrees not to engage in any business that competes with Employer within:
Geographic Area: [RADIUS/AREA]
Duration: [MONTHS/YEARS] after termination of employment

2. NON-SOLICITATION
Employee agrees not to solicit Employer's clients, customers, or employees for [DURATION] after termination.

3. CONSIDERATION
In exchange for this agreement, Employee receives: [  ] Employment [  ] Promotion [  ] $[AMOUNT] [  ] Other: [DESCRIBE]

4. EXCEPTIONS
This agreement does not apply to: [LIST ANY EXCEPTIONS]

5. REMEDIES
Employer may seek injunctive relief and damages for breach. Employee agrees to pay Employer's attorney fees if found in breach.

6. SEVERABILITY
If any provision is found unenforceable under Delaware law, the remaining provisions remain in effect.

This agreement is governed by Delaware law (DE Statutes). Note: Non-compete enforceability varies by state.

EMPLOYER: _____________________ DATE: _____
EMPLOYEE: _____________________ DATE: _____

Where to File Your Non-Compete Agreement in Delaware

Visit your local County Clerk office to file or notarize your Non-Compete Agreement.

Delaware County Clerk

Delaware Capital

Main Government Building, Delaware

District County Clerk

Delaware Metro Area

County Courthouse, DE

Non-Compete Agreement Costs in Delaware

Estimated fees and processing times

Fee Type	Cost	Notes
Notary Fee	$5-$15 (if required)	Delaware standard rate: $5-$10
Filing Fee	Varies by state	State registration (if applicable)
Processing Time	1-3 business days	Typical turnaround in Delaware
Sales Tax	0%	Delaware base rate (local taxes may apply)
Witness Requirement	1 witness	Single witness sufficient
Our Template	FREE	Download instantly, no cost

Fees shown are Delaware-specific estimates. Contact your local office for exact pricing.

FAQ: Non-Compete Agreement in Delaware

Is a Non-Compete Agreement required in Delaware?

Yes, in Delaware, a Non-Compete Agreement is required for most transactions of this type. Under Delaware State Code, the document must include all parties' information, be signed, and witnessed by at least one individual. Failure to use a proper Non-Compete Agreement may result in legal complications.

Does a Non-Compete Agreement need to be notarized in Delaware?

Notarization requirements in Delaware (DE) vary by transaction type. Notary fees in the state typically range from $5-$10. While not always mandatory, notarization adds an extra layer of legal protection and is recommended for high-value transactions.

What are the tax implications of a Non-Compete Agreement in Delaware?

Delaware has a base sales tax rate of 0%. Depending on the type of transaction documented in your Non-Compete Agreement, additional local taxes may apply. Consult with a Delaware tax professional for specific guidance on your situation.

MCE

Reviewed & Fact-Checked

Michael Chen, Esq.

Real Estate Law Consultant

Bar Certified, Real Estate Expert

Expert in property transactions and real estate documentation

This Non-Compete Agreement template for Delaware has been reviewed for accuracy and legal compliance.

Last reviewed: March 2026

Delaware Non-Compete Agreement Legal Guide

According to Delaware laws, this agreement holds legal weight once properly signed and notarized, ensuring compliance with state regulations.

For Delaware (DE) residents, this Non-Compete Agreement is governed by Delaware State Code. Important details: sales tax at 0%, notary costs of $5-$10, and a requirement for 1 witness. The document has indefinite validity once properly executed.

This professionally drafted form provides peace of mind knowing you're compliant with all Delaware legal requirements.

restrictive covenantcompetition restrictiongeographic limitationnon-solicitationtrade secrets

A properly executed Non-Compete Agreement in Delaware protects all parties involved and ensures compliance with DE state law. Below, we cover the critical steps, common pitfalls, and state-specific rules you should be aware of before signing.

Step-by-Step Process

1. Download the template — Our Delaware-specific form includes all fields required by DE law.
2. Enter your information — Fill in names, addresses, dates, and transaction details accurately.
3. Review carefully — Double-check all entries against your source documents.
4. Sign and witness — Execute the document according to Delaware's signature requirements.
5. Notarize if needed — Some Delaware transactions require notarization.
6. File or distribute — Provide copies to all parties and file with the appropriate Delaware office if required.

What Delaware Attorneys Want You to Know

Practicing lawyers in Delaware emphasize three things: accuracy, completeness, and compliance with DE statutes. A well-prepared Non-Compete Agreement saves time, money, and potential legal headaches down the road. When in doubt, a brief consultation with a Delaware-licensed attorney is worth the investment.

Enforceability in Delaware

A Non-Compete Agreement that meets all DE requirements is fully enforceable in Delaware. Courts in Delaware have consistently upheld documents that demonstrate clear intent, proper execution, and compliance with state formalities. Keep your original signed copy in a secure location.

What Delaware Law Requires

Delaware's statutes are clear: a valid Non-Compete Agreement must identify all parties by full legal name, include the date of execution, and be signed in the presence of at least one witness where applicable. Failure to meet these requirements under DE law can render the document unenforceable.

Delaware Non-Compete Agreement Requirements

Review the following requirements to ensure your Non-Compete Agreement is legally valid in Delaware.

Notarization required

1 witness must sign

Vehicle identification number (VIN) required

Odometer disclosure mandatory

Buyer and seller signatures required

Purchase price must be stated

Date of sale required

Blue or black ink only

Electronic signatures accepted

County clerk filing required

Delaware Notarization

While notarization may not be required in Delaware, it is recommended. Fees range from $5-$10.

Before You Sign

Review all information carefully. Delaware does not impose a state sales tax, but local fees may apply.

Legal Protection

Keep copies of all signed documents. Delaware law requires all parties to receive copies of executed documents.

Delaware Filing Deadlines

Check Delaware deadlines for filing or recording this document with the appropriate county clerk's office.

Other Forms in Delaware

Non-Compete Agreement in Neighboring States

Document Information

Document: Non-Compete Agreement
State: Delaware (DE)
Category: Employment
Format: PDF / Word / Print
Cost: 100% Free
Sales Tax: 0%
Notary Fee: $5-$10

Delaware Legal Requirements

Governing Statute:

State Law

✓Consult with a licensed attorney for specific requirements

Legal Disclaimer

This template is for informational purposes only and does not constitute legal advice. Laws in Delaware may change. Consult a licensed attorney for advice specific to your situation.