Derek Choo Heng Han

Associate Director

Derek is an Associate Director at PKWA Law, specialising in divorce, wills, adoption and probate matters.

Awards and Recognition

Derek was named one of “Singapore’s Rising Stars” in 2024 by Asian Legal Business. This prestigious list highlights “exceptional lawyers who have shown remarkable potential and garnered consistent praise from clients.”

Derek was specifically recognised for his “impressive presence in handling complex divorce cases and high-value matrimonial disputes."

 

Languages: English & Chinese
+65 6854 5330
Derek Choo Heng Han

Derek is a specialized family lawyer, whose passion for family law dates back to his undergraduate years. He honed his skills through internships at prominent family law firms in Singapore before joining the legal profession. Throughout his career, Derek has focused exclusively on family law, although he has gained some experience in civil law, personal insolvency, and conveyancing matters.

Derek is a staunch advocate for therapeutic justice, possessing a remarkable ability to devise practical solutions for his clients. He is characterized by his thoughtfulness, attentiveness, and a deep understanding of the emotional needs of clients navigating the most challenging periods of their lives. His dedication extends to the well-being of children affected by their parents’ divorce, and he tirelessly endeavors to resolve legal proceedings efficiently and equitably for all parties involved. Notably, Derek contributed to the research and authorship of an article on children’s voices in divorce proceedings, which was published in the Asian Journal on Mediation in 2016.

 

Areas of practice

  • Divorces, both contentious and non-contentious.
  • Probate applications, both contentious and non-contentious.
  • Grant of Probate.
  • Grant of Letters of Administration.
  • Mental Capacity Applications.
  • Child Abduction Matters.
  • Guardianship applications.
  • Adoption Applications.
  • Personal Protection Order Applications.
  • Maintenance Applications.
  • Variation and Enforcement Applications.
  • Last Will and Testament.
  • Lasting Power of Attorney.
  • Bankruptcy Application.
  • Deed of Separation.
  • Pre-Nuptial and Post-Nuptial agreements.

Before embarking on his undergraduate studies, Derek served as a Commando Officer in the Singapore Armed Forces, demonstrating his commitment to discipline and leadership. In his leisure time, Derek indulges in creative pursuits like pottery, enjoys diving adventures, finds solace in baking, and is an avid traveler.

Derek Choo and his team provided a first class service, their attention to detail was second to none and they responded to all queries in a very timely manner. I have no hesitation in recommending their services.

David Heaselden

I am very happy with their customer oriented service provided. It saves our time to get things done. People are friendly and helpful. We always get our answer whenever there is an issue, they really guide you through patiently. Highly recommended not just because of fixed cost.

Benson Lim

Derek is very thoughtful and efficient; he has explained my rights over the matrimonial home and assets. He has provided valuable guidance during mediation session. He even followed up my case and called during his reservist to discuss. I am very satisfied with the outcome of the final judgment. Highly recommend PKWA for their excellent service.

Clara Tan

Derek Choo and his team provided a first class service, their attention to detail was second to none and they responded to all queries in a very timely manner. I have no hesitation in recommending their services.

David Heaselden

I am very happy with their customer oriented service provided. It saves our time to get things done. People are friendly and helpful. We always get our answer whenever there is an issue, they really guide you through patiently. Highly recommended not just because of fixed cost.

Benson Lim

Derek is very thoughtful and efficient; he has explained my rights over the matrimonial home and assets. He has provided valuable guidance during mediation session. He even followed up my case and called during his reservist to discuss. I am very satisfied with the outcome of the final judgment. Highly recommend PKWA for their excellent service.

Clara Tan


                    

                    
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Legal articles by Derek Choo Heng Han

                        
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    string(10284) "Employment contracts are essential legal documents that govern the relationship between an employer and an employee. They contain important information regarding both parties' roles and responsibilities, both during and after the term of employment.

In Singapore, an employee may be subject to a permanent or fixed-term employment contract. A permanent contract refers to long-term indefinite employment, whereas a fixed-term contract refers to a specified term of employment.

Both parties must understand the fundamental parts of an employment contract before signing it. Specific laws apply to different types of employment in Singapore, with the Employment Act 1968 (the EA) being the primary legislation.

This article highlights fundamental terms ordinarily included in an employment contract and the governing laws.

Eligibility under the Employment Act

The EA does not protect those who are not deemed to be "workers" within the Act's definition. If a type of employment is not covered by the Act, their role and responsibilities will be solely governed by their employment contract. The EA will cover any employee working under a contract of service unless they are:

    
 	
  1. A seafarer, i.e. a person who is employed or works on board a ship;
    2. 
 	
  2. A domestic worker, defined in the Act as "any house, table, or garden servant or motor car driver, employed… in connection with the domestic services of any private premises"; or
    3. 
 	
  3. A statutory board employee or civil servant.
    4. 


Part 4 of the EA, which sets out the law for employee's rest days, working hours, and other conditions of service, will also only apply to specific categories of workers. In particular:

    
 	
  1. "Workmen" (i.e. people doing manual labour) who receive a salary of less than $4,500 per month; and
    2. 
 	
  2. Any other employee who receives a salary of less than $2,600 per month, except for those employed in a managerial or executive position.
    3. 



Illegal employment contracts

The EA protects employees by setting out laws regarding their pay, holidays, and sick leave, among other things. Parties have the freedom to negotiate the specific terms of the employment contract; however, Section 8 of the EA renders any contract invalid that is less favourable to an employee than any of the conditions set out in the Act.

Standard terms

Some of the standard terms commonly found in employment contracts are as follows:





Standard Term
Purpose




The Parties
To identify the names and contact details of the employer and employee subject to the contract.




Job Description
To outline the employee's job role and responsibilities.




Start Date
To state when the employment shall commence.




Duration
This highlights when the employment will end if it is a fixed-term contract.




Salary
To provide details of the employee's standard pay.




Benefits
To provide details of any additional benefits, such as bonuses and healthcare.




Working Hours
To make clear when the employee is expected to work.




Holidays
To set out the employee's holiday entitlement and process for requesting time off.




Sick Leave
To explain the employer's sick leave procedures and set out the employee's sick pay.




Maternity Leave
To set out paid leave for pregnant women.




Termination
To detail the procedure for either party ending the employment, including the notice period.





An employment contract that does not include the above terms may not be enforceable or may lead to a dispute between the parties. Therefore, employers and employees must understand the fundamental laws concerning the above terms and their corresponding rights.

Salary

Singapore has no minimum wage; instead, wages are guided by markets and demand. Therefore, an employee's remuneration depends on what the employer offers and how well the employee can negotiate a better salary.

However, the EA states that an employee must be paid before the expiry of the 7th day after the last day of the salary period, which cannot exceed one month. The employer must pay the employee for any overtime within 14 days of the relevant salary period.

Whilst the EA does not oblige employers to pay their employees bonuses, this is becoming common in Singapore. The employment contract should specify how bonuses are calculated and paid out. 

Working hours

The EA only regulates work hours for employees under Part 4 of the Act. Under this section, employees who work up to five days a week are allowed to work a maximum of 9 hours a day or 44 hours a week. If they work more than five days a week, they can work a maximum of 8 hours a day or 44 hours a week. Employees must also not work for any longer than six consecutive hours without a break.

Employees not covered under this section will be provided with their hours in their employment contract. It is common for employees who do not fall within Part 4 to work from Monday to Friday, and for their standard hours to be from 9 am to around 6 pm.

Holidays


Public holidays

Section 88 of the EA states: "Every employee is entitled to a paid holiday at his or her gross rate of pay on a public holiday that falls during the time that he or she is employed…". This provision includes all public holidays in Singapore from various cultures and religions.

Employees are entitled to an additional day off or a day's salary if a public holiday falls on a non-working day. When the public holiday falls on an employee's rest day, the employer will treat the next working day as a paid holiday. Rest days only apply to the two types of workers highlighted above under Part 4 and are defined as one unpaid rest day per week, which must be Sunday, or any other day as may be determined by the employer.

Alternatively, an employee may be required to work on a public holiday, in which case they can agree with their employer to substitute it with another day's holiday.

Annual leave

Employees become eligible for annual leave once they have been employed by the same employer for at least three months. The entitlement increases the longer a person works at a company. Within their first year of employment, employees will have seven days of annual leave. The number of days will increase by one day for each year they work there, and the maximum entitlement under the EA is fourteen days.

In practice, it is common for employees to be given more annual leave than is provided for under the EA, as the law only provides a minimum entitlement.

Sick leave

To be eligible for sick leave and pay, an employee must:

    
 	
  1. Be covered by the EA;
    2. 
 	
  2. Have worked with the employer for at least three months; and
    3. 
 	
  3. Have informed or tried to inform their employer of their absence within 48 hours.
    4. 


An employee who satisfies the above will be entitled to paid outpatient sick leave and paid hospitalisation leave:

    
 	
  • Outpatient leave requires the employee to produce a certificate from a medical practitioner stating they are not fit to work.
    • 
 	
  • Hospitalisation leave covers any period during which an employee needs hospital care. It also includes bed rest and recovery periods following hospitalisation. To qualify, the employee must be admitted as an in-patient for day surgery, quarantined, or have a medical certificate.
    • 


The sick leave entitlement increases the longer an employee has worked for the same employer. However, unlike holidays, employees only need to complete six months of service to benefit from the full entitlement. The maximum number of days available for paid outpatient leave is fourteen; for paid hospitalisation leave, it is sixty.

Maternity leave

Women who have worked for the same employer for over three months are entitled to paid maternity leave. If the child is a Singaporean citizen born after 1 January 2017, a maximum of 16 weeks of paid leave will apply. If the child is not a Singapore citizen, the maximum entitlement is 12 weeks.

Termination

Section 10 of the EA provides that either party to the contract may notify the other party at any time of their intention to terminate the employment. Section 10(3) provides the minimum notice periods depending on the length of employment:





Length of employment
Notice period




Less than 26 weeks
One day




Between 26 weeks and 2 years
One week




Between 2 and 5 years
Two weeks




Over 5 years
Four weeks





The notice period must be the same for the employee and employer. The relevant party must give the notice in writing.

Conclusion

Employment contracts will vary depending on the type of role and company. However, it is important that employers include the standard terms where appropriate and comply with the minimum legislative requirements.

Employees who are unsure about the terms of their contract should avoid signing it until they have sought clarification. A specialist employment lawyer can assist with reviewing and advising on the terms and negotiate with the employer where necessary."
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    string(6421) "In Singapore, a divorce can either be contested or uncontested (also known as a simplified or amicable divorce).

Contested Divorces

This is where the two married parties cannot agree on the divorce or issues such as custody of children, maintenance and asset division. In Singapore, around 90% of contested divorce cases will be settled through court action.

The Family Court plays a prominent role in helping to settle these cases. For the remaining 10% of cases in which parties refuse to settle, a Judge will hear the arguments and then make a judgement.

Contested divorces take longer and cost more than uncontested divorces.

Uncontested Divorces

This where both spouses agree to the terms of a divorce and the related ancillary issues. Agreement has to be reached before filing divorce papers, to enable a lawyer to file the papers in the Family Court for a fast-track, simplified divorce hearing. An Interim Judgement will then be given after around 4 weeks.

The common areas of agreement are usually these:

The grounds for divorce

Parties must agree that the divorce is based on one party’s unreasonable behaviour, desertion, separation, adultery or by mutual agreement (from 1 July 2024).

Care and control of children

Parties must agree on who will get care and control of any children involved. Whoever the children live with will usually get care and control, and the right to make decision relating to the childrens’ daily lives.

The two parties also need to agree on how often the other party will get to see the children. Should the access be reasonable, supervised, or liberal?

An agreement needs to be reached on whether the parties will have ‘joint custody’ of the children, i.e. that they both agree on the major issues like their offspring’s education, medical treatment and religion. In Singapore, ‘joint custody’ is the standard arrangement, and courts encourage this outcome unless it’s obvious that it would not be in the best interest of the children.

Maintenance

Both spouses must agree on which party will pay the monthly maintenance for the children, and how much it will be. If the wife is unemployed or on a low wage, then husband and wife should agree on how much the husband should give the wife by way of maintenance.

Division of assets

The asset that is most obvious and important is the marital home. When it comes to dividing it between the parties, there are some common options:

    
 	
  • Sell it on the open market
    • 
 	
  • The wife sells it to the husband
    • 
 	
  • The husband sells it to the wife
    • 
 	
  • The property is transferred to one party.
    • 


This can be a complex area of law to navigate, especially if it involves outstanding bank loans, CPF money or HDB flat eligibility. An experience divorce lawyer (ideally who also has conveyancing expertise) will help you here.

Use a specialist divorce lawyer even if your divorce is uncontested

Even if the divorce is uncontested, parties usually require a specialist lawyer, such as those at PKWA Law, for the following reasons:

    
 	
  • Specialist divorce lawyers acting in uncontested divorces usually cost less than you may think, and offer fair and reasonable charges, such as the fees we charge at PKWA Law.
    • 
 	
  • In an uncontested divorce, questions relating to the matrimonial home, or the rent or sale of an HDB flat will be much easier to answer with the help of a specialist lawyer. They can also advise on how other assets should be divided, and the amount of maintenance that should be paid to the wife and any children involved.
    • 
 	
  • A lawyer will be able to tell you exactly what you are entitled to receive, as well as explain your obligations and how to agree with your spouse. They should also draft the required paperwork so it adequately captures what you and your partner have agreed on.
    • 
 	
  • Without a lawyer, you will have no specialist legal advice to help you and may spend much more money and time if the divorce order then needs to be varied once it has been obtained. Get your advice right from the start, and don’t file an uncontested divorce before getting legal representation.
    • 
 	
  • Hiring a lawyer in the first place means you immediately know what you are entitled to, to save you having to argue over something you will never realistically get. If both you and your spouse understand your rights, then the negotiating process will go much smoother and quicker.
    • 
 	
  • Hire a good lawyer for full and proper advice early on, to protect your children and property, especially if you have assets worth a lot of money.
    • 



The preparations of the Uncontested Divorce papers

If you are going through a contested divorce then your lawyer will check whether you need to attend the Mandatory Parenting Program, send the HDB Query (if you’re an owner of such a flat) and draft the Proposed Parenting Plan and Proposed Matrimonial Plan, as well as sorting other issues.

But if you’re having an uncontested divorce then the workload is simpler, although the following will still need to be prepared:

    
 	
  • Write for divorce
    • 
 	
  • Statement of Claim
    • 
 	
  • Statement of Particulars
    • 
 	
  • Affidavit of Evidence in Chief
    • 
 	
  • Draft Consent Order
    • 


These should be filed at the Family Justice Court, once they have been signed. The party applying for the divorce will be known as the plaintiff, and the other spouse will be the defendant.

Hearing Date

A hearing date for an uncontested divorce should be given within about 4 weeks of the papers being filed. Uncontested divorce hearings happen in chambers, meaning no parties or their lawyers are present. No members of the public can watch either.

How long does an uncontested divorce take?

If the issues outlined above are agreed upon, then here at PKWA Law we can ordinarily get an Interim Judgement (conditional divorce) about a month after the papers have been filed.

About 3 months after this, you should get your Final Judgement, and then the divorce proceedings are concluded."
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Employment Contracts in Singapore

            

        

    

        

        

            
                

            
            

                
Guide to Uncontested Divorce

            

        

    

            


                    

                                    

                            

        

            
                

            
            

                
Employment Contracts in Singapore

            

        

    

                        

                                    

                            

        

            
                

            
            

                
Guide to Uncontested Divorce

            

        

    

                        

                            

            
            
                    

            

        
        

            

                
Contact Derek Choo Heng Han 

                
                

                        

							

                        

                        

                            
                        
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