Interpretation of retaning rights

[ravii]

Please can some body explain this 5.4.3 Making an application following divorce or annulment of marriage / dissolution of civil partnership
The following documents must be supplied:
 Passports of the non-EEA family members
 Divorce certificate/certificate showing termination of civil partnership
 Evidence that at least one of the non-EEA family members is a worker, self-
employed or self-sufficient.
If we have not previously issued a Residence Card we must be satisfied that the alleged EEA national is an EEA national and that the non-EEA nationals were living in the UK with the EEA national prior to divorce / dissolution of civil partnership, and that EEA was exercising Treaty rights during that time. So the word IF used,which I understand if RC already issued previously then non eea national can retain the rights of residence if marriage leasted 3 years and couple lived one year in the uk?then why ukba asked treaty rights during the divorce proceedings?is this not against the EEA law?please correct me if I am wrong.